A Title Deed (sometimes referred to as a certificate of title) is a certificate issued by Land and Property Information which shows the details of the related folio which is part of the Torrens Land Register.

A Title Deed will show the legal description of the land, the owner and also any other dealings that are registered on the folio such as a mortgage or easement.

Subject to you giving a mortgage to a third party, you are entitled to the Title Deed if you are the owner of the land.  Usually if you have borrowed money to purchase a property, the Title Deed will be held by your lender until you have paid out your mortgage.  Once your mortgage has been repaid, you will then need to request that your lender register a discharge of its mortgage and return the original Title Deed to you.

Paper Title Deeds are currently being phased out in NSW and replaced with electronic Title Deeds. For any new property transactions involving a bank currently being completed, a paper Title Deed will not be issued and instead there will be an electronic record of your ownership of the property at Land and Property Information.  For the foreseeable future, if you are entitled to the Title Deed because you do not have a mortgage or have paid out your mortgage, you will still be able to receive a paper Title Deed.

If you would like to find out more information about your settlement, or have a specific question that you would like to see featured in our column you can get in touch with us on 6331 2911.

Please note the answers provided are for your general information only and we ask that you call our office on 02 6331 2911 to obtain detailed legal advice for your individual situation.

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