In NSW, there are three land titling systems:
- Torrens Title – the majority of privately owned land falls under the Torrens system
- Old System Title – applies to lands granted before 1863 and not yet converted to Torrens
- Crown Title – land held in the name of the State for which a certificate of title has not yet been created
Under the Torrens Title system, every current parcel of land is based on a plan of survey that defines the boundaries. In order to convert any parcel of Old System or Crown Title land to Torrens Title, there must be a suitable plan upon which a certificate of title can be issued. Whenever you intend to create a new parcel of land, or subdivide or deal with an existing parcel, you must create a new plan outlining the new boundaries for lodgement and registration.
What is a plan?
A plan can also be referred to as a ‘title diagram’ or ‘survey plan’. A plan is a diagram which defines the legal boundaries of a property on the date it was registered. Plans are generally developed from a survey on the land conducted by a registered surveyor. A plan maps out unseen boundaries, physical site features and other title information to help you understand the size and shape of the property, rights of way and easements, dimensions and distances of features on the property, and location and description of markers. Any survey plan must show how the boundaries of the land are defined and clearly set out the position and nature of each boundary. Each plan must show:
- full dimensions (bearings and distances) for each boundary
- the nature of the boundary (e.g whether it is defined by survey marks, fences, roads, natural features or buildings or walls)
- the position of all survey marks, monuments, lockspits or occupations used by the surveyor to fix the position of the boundaries
When do you need a plan?
There are many circumstances where you will need a plan – for example, when you’re buying or selling a house, renovating your home, building a structure on your property or disputing a boundary.
Types of plans
The three main types of plans in NSW are deposited plans, strata plans and community plans.
- Deposited plans Deposited plans define legal boundaries of land and generally depict a subdivision of a parcel of land. Since 1961, all plans lodged for registration, regardless of title system, purpose or number of lots, have been lodged as deposited plans.
- Strata plans A strata scheme is the development of land to allow multiple occupancy and separate ownership of individual units. Owners may be individuals, families or companies. Strata title types can include residential, commercial, retail, industrial, serviced apartments, retirement villages, caravan parks and resorts. Strata title complex styles can include townhouses, villas, factories, warehouses, storage units, retail shops and offices.
- Community plans Community plans depict the development of planned communities of any type where the use of some land is shared. The community titles legislation was designed to allow communal property to be incorporated into subdivisions.
What is a dealing?
A dealing is a document that affects the land and needs to be registered on the title – such as mortgages, discharges of mortgage, transfers of ownership and caveats. When dealings are lodged and registered, a new edition of the Certificate of Title is issued which lists the current title information including the names of the owners, mortgages, and any rights or restrictions affecting the title such as easements, covenants, and caveats. The new Certificate of Title is delivered to the owner of the property or their legal representative if there is no mortgage registered on the Title. If there is a mortgage, the Title is delivered to the bank or other financial institution to which the property is mortgaged.
If you need a Certificate of Title or plan, check out our easy Property Search – simply enter the address of the property, select the documents you need and pay with your credit card to receive the documents in your inbox in moments.
