Old System Land

Old System Land

All land in New South Wales transferred by the Crown on or after 1 January 1863 when the transfer involved the fee simple was transferred under the Torrens system of registration, that is, the land was under the Real Property Act.

Land transferred, or ‘conveyed’ before that date was what is referred to as ‘Old System’ land, although most of that land has now been brought under the Real Property Act.

The legal process in buying, or transferring old system land is much more complex than land under the Real Property Act. Searches have to be carried out in the Land Titles Office in Sydney to ensure there is what is termed ‘a good root of title’. Also, that the boundaries of the land are correct. On the other hand, absent fraud, the State of New South Wales guarantees both ownership and the boundaries of land held under the Real Property Act.

Although there is still some land around Singleton, Muswellbrook and the Maitland area, most Old System land has now been brought under the Real Property Act, making life a lot easier for the solicitor or conveyancer acting for the person either buying or selling the land, and making the process relatively cheap in comparison.

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