Land ownership is a complex process that often requires a stack of paperwork and legal procedures.
Once you purchase any land or property, you require a certificate that shows you’re the owner of the property. Currently, New South Wales land registry services (NSW LRS) handles all NSW land registry services in Australia. But since the privatisation in 2017 they no longer provide titles and plans directly to the public.
Luckily here at Property Registry we specialize in providing NSW property information, and it’s also a reputable place to Conduct a Certificate of Title NSW Search.
What is a certificate of title NSW?
A certificate of title is an official document issued to a land buyer by relevant authorities as proof of ownership of the property. In other words, it’s the piece of evidence that you flaunt should anyone question your property ownership.
What does a certificate of title search include?
It can be a confusing and often daunting process when you have to get a copy of your house title, essentially a certificate of the title gives you the right of ownership and gives undisputable evidence. Additionally, a certificate of title will apply to the personal land and real estate property.
Therefore, a title deed/certificate of title affirms the status of the claim. Furthermore, a certificate of title must include every single detail pertaining to the property including mortgages.
In cases of new land from developments, before getting a certificate of title in New South Wales, a thorough examination is conducted.
It is one of the documents you need for registrations for land ownership in Australia. While the amount of paperwork and legal advice needed may discourage you, many people get certificates every year.
In fact, the NSW land registry services issues thousands of certificates of titles for owners who need proof of ownership or who have lost title deeds and require a new one.
The certificate of title always contains the following:
- Easements: If you own a property and allow someone else to use part of it, that is an easement. It’s the right you grant the other party who’s not the owner of the property. In some cases, an easement on your property is mandatory due to shared infrastructure access.
Ensure you understand easements before allowing or rejecting them.
- Covenants: Any agreements on how the property should be used or need to be upheld. If there are restrictions on what can and cannot be built on the property, they’re explicitly stated for the owner and any person is given a right to use the property to follow.
- Mortgages: Your lender holds the certificate of title if you have a mortgage, whether it’s a bank or an individual.
This is until your mortgage is cleared, only then you can get a mortgage discharge and your certificate of title transfers to you.
- Caveats: Simply known as ‘beware,’ a caveat indicates that someone has an interest in the property. The legal notice needs to be filed with the land registry. Once a caveat is lodged, the owner cannot sell the property unless the issue is settled.
How to apply for a certificate of title in NSW
The Australian government moved title registries online hence your certificate of title NSW search gives you an electronic copy of the certificate of title. Keep in mind that you’ll get a copy of your house title and not the original document of your title search.
Your original title can be found at the state or municipal land registry authorities in NSW. In any way, this helps in secure storage of the original documents since the state will always have the originals.
With this in mind, applying for a certificate of title NSW search will require the services of a broker or land registries.
Finding an authentic broker is the first step. The brokers will charge you a fee for obtaining for you the title search and give you a digital copy of your certificate of title. Remember, only enlist the services of a licensed broker since they’re the only ones with access to the land registries title search.
Therefore, take your time selecting a broker and get an authentic certificate of title NSW search.
Why you need a certificate of title
Besides providing proof of ownership, a certificate of title NSW also has other purposes. These include:
- Submitting development application forms
- Requesting approval for extension by a council
The thing to keep in mind however is, a certificate of title NSW search is not the same thing as a property registration document or title deed. Each serves a different purpose.
What happens if I need a name change on the certificate of title?
This is the part that confuses most people and often discourages since it seems like a tedious. However, a certificate of title NSW name change is a straightforward process.
First, submit an application to the LPI with the following:
- The change of name form
- The current certificate of title
- Identification
- Transfer of land form
Remember, if your property is under a mortgage, you’ll need to contact the lender for the digital copy of your certificate of title. Once you have all the necessary documents, submit them to the LPI.
For any LPI services that you need, don’t forget to consult the LPI charge list to find out how much each service costs. Charges depend on what you need. For instance, if you want a title search, your charges differ from when you need a change of name or discharge of mortgage.
In the same way, removing a name from a title requires that you go through the LPI. If you add your spouse’s name to the title then later need it removed, you will need legal advice in addition to contacting the LPI.
Conclusion
The confusion surrounding a certificate of title NSW search often gives owners a hard time.
However, with thousands of certificate of titles issues annually, more people understand how the title search works.
Moreover, the emergence of title search brokers is easing the process which means that owners don’t need to seek land registries. It is important to remember that when asking for a title search, you get a digital copy of the original certificate since the original remains with the state.
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