What you need to know about land titles when buying and selling property in NSW

What you need to know about land titles when buying and selling property in NSW 

04 Jun 2019 

When you buy or sell a property in NSW, the land title for that property is transferred from the seller to the buyer. 

NSW Land Registry Services (NSW LRS) records the transfer of ownership for that property on the relevant land register. Most land ownership is recorded via the Torrens Title Register. 

The Torrens Title Register is guaranteed by the NSW Government, which means that the Government promises that the registered land owners recorded in the NSW land title system are the true owners of their land. 

When buying or selling property in NSW, the following parties are most commonly involved in the official transfer of land title ownership: 

The buyer: The person or business purchasing the land title. 

The seller: The person or business selling the land title. 

The buyer’s/seller’s lawyer or conveyancer: They are responsible for the legal aspects of the transaction and act on behalf of the buyer and seller. 

Financial institutions: Lenders who are discharging a mortgage for the seller or recording a mortgage for the buyer over the subject land following the transfer of land title ownership, if applicable. 

NSW LRS: Responsible for the creation and management of the folio of the Torrens Title Register associated with the land that is the subject of the transaction. An updated copy of the folio of the Register, known as the certificate of title, is created following the registration of the transfer. 

How to find a lawyer or conveyancer in NSW 

The Law Society of NSW : Search to find accredited specialists in the field of Property Law. 

Australian Institute of Conveyancers (NSW Division): Search to find a conveyancer and the steps involved in buying a house or unit. 

Transfer duty and land tax 

Transfer duty is the tax you may pay to the NSW Government when buying property. The Revenue NSW Transfer of land or business calculator will help you to estimate tax and duty payable or interest owing on your property purchase. Please note the calculator acts as a guide only and is not a substitute for professional advice. 

For further information on transfer duty, please visit the Revenue NSW website. 

Land tax is a tax levied on the owners of land in NSW as at midnight on 31 December of each year. 

For further information on land tax, please visit the Revenue NSW website. 

Central Register of Restrictions 

The Central Register of Restrictions (CRR) is a database recording potential and actual use of land by government agencies and utilities. This information is typically used by a solicitor or conveyancer when assisting with a property transaction. NSW LRS maintains the CRR on behalf of participating organisations, with those organisations bearing responsibility for the information held on the CRR being current and correct. 

Online access to the CRR is available for a fee through an approved Information Broker. 

Legislation and regulations 

The following Acts and Regulations are relevant to those buying and selling property in New South Wales. They can be viewed via the NSW Legislation website . 

Real Property Act 1900 

Conveyancing Act 1919 

Duties Act 1997 

Valuation of Land Act 1916 

Surveying and Spatial Information Act 2002 

Environmental Planning and Assessment Act 1979.