Upon purchasing a property in Australia, the “Title” to the land is acquired. A Certificate of Title will be issued to record the transfer of ownership and may refer to qualified or limited title on the document. These notations are given to titles which have been converted to Torrens Title from the Old System Title. Torrens Title is the system used in New South Wales to record ownership of property. Most titles in New South Wales have been converted to this new system, and as a result, many properties may have Qualified Title or Limited Title attached.
What is Qualified Title?
Qualified Title is given to a property that has been converted from the Old Systems Title to Torrens Title. The title prior to the conversion will typically be checked to ensure there is no other subsisting interest in the property existing under the Old Systems Title.
Qualified Title may be removed if one of the following occurs:
- 12 years has passed since the conversion; or
- 6 years has passed since a transaction has taken place for consideration.
What is Limited Title?
Limited Title is given to a property that has not been verified by the NSW Registrar General. This means the boundaries of the property have not been verified. Things that affect the property such as an easement or right of way may not be confirmed. Limited Title is usually present due to a quick conversion from the Old Systems Title to Torrens Title.
Limited Title does not affect any dealing with property; however, the limitation can be removed upon submitting a plan of survey which defines the land’s boundaries.
If you would like further information about a property with Qualified or Limited Title, or for assistance to remove these notations, please contact a member of the Cheney Suthers team.
