NRS-13011 | Documents relating to Primary Applications

Full description

On 1 January 1863 the Torrens Title system was introduced to NSW with the commencement of the Real Property Act of 1862 (26 Vic. No.9). The system was designed by Robert Richard Torrens for the South Australian Land Title Registry following his appointment as Registrar, and was based on a system for insuring shipping used by Lloyds of London. The Torrens Title system used a single register for each land holding which recorded all details and interests affecting the land including easements, covenants, mortgages, resumptions, caveats, and subsequent changes in ownership. (1)

To convert land from Old System to Torrens Title required lodgement of an Application with all supporting documentation evidencing title listed on an attached Schedule and then lodged in packets with the Registrar General. The form of the application was specified in Schedule A of the Real Property Act of 1862 and in the Second Schedule of the Real Property Act, 1900. (2) Section 14 of the 1862 Act and Section 16 of the 1900 Act required the applicant to surrender instruments of title and to furnish an abstract of title if required. It also required a schedule of such instruments to be submitted. (3)

NRS 17513, Primary Application Packets was originally one series which has since been split into three parts. The Packets once contained the Primary Application form which has since been extracted and is now NRS 13012, Primary Applications. Various documents required to be submitted with the primary application were also extracted and now form the series NRS 13011, Documents relating to Primary Applications.

This series consists of deeds and documents evidencing title which were lodged with the Applications to convert land from Old System to Torrens Title.

The series consists of a sample only, having been extensively culled prior to transfer. The records include conveyance papers and reports, Deeds of Trust, Deeds of Grant from the Crown, Grant by purchase, Indentures, mortgage agreements and associated papers, records relating to leases, assignment of leases, and surrender of leases, copies of wills, and records relating to business premises and interests.

In 1900 the Real Property Act (section 29), required the Registrar General to stamp “cancelled” on all instruments of title deposited with Applications. An amendment in 1955 (No 19 of 1955), allowed the Registrar General to either destroy the cancelled deeds or return them to persons wishing to keep them for historical purposes.

This series comprises documents removed from Primary Application Packets Nos. 2 to 14158 (with gaps).

Index
A Torrens Title Purchaser’s Index also commenced on 1 January 1863, in book form until 1970 and available on microfiche from 1971, then merging with the Integrated Titling System (ITS) from 4 June 2001. (4) This is held by Land and Property Information New South Wales (formerly the Land Titles Office).

[10/26390-27063]

Endnotes

(1) Department of Lands website http://www.lands.nsw.gov.au/land_titles/public_registers/torrens_title_register (accessed 12 March 2007).


(2) Real Property Act of 1862 (26 Vic. No.9) Schedule A; Real Property Act, 1900 (Act No.25, 1900) Second Schedule.

(3) Real Property Act of 1862 (26 Vic. No.9) s.14; Real Property Act, 1900 (Act No.25, 1900) s.16.

(4) Loc. cit. note 1.