NRS-13012 | 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.

The Application forms contain the name and address of the applicant, value of the land, name of the original owner by Crown grant with date of issue, occupiers of adjacent land, description of land boundaries, and details of the applicant’s marriage. All supporting documentation evidencing title was listed on a Schedule attached to the Application, and lodged in packets with the Registrar General. The Schedule listed in date, and occasionally number order, all deeds and other documents evidencing title, including names of tenants or occupiers, and types of transfer. Applications are annotated with details of Certificates of Title issued, including volume number, folio, and date.

The Real Property Act, 1900 (Act No.25, 1900), consolidated and systematised the existing legislation, and included Applications to bring lands under the Provisions of the Real Property Act, 1900, Primary Applications (section 14, Real Property Act, 1900), and also Resumption Applications (section 31A, Real Property Act, 1900) which were lodged by a variety of Government Departments and Local Councils.

Applications continued to list similar information, although with details of marriage omitted, and with Primary Applications now including a First, Second, and occasionally subsequent Schedules. The First Schedule of a Primary Application listed name and address of occupier and nature of entitlement, with the Second Schedule listing all deeds and documents lodged in number and date order, with names of occupiers or businesses, plus a Registration Book and number also noted.

The Applications and Schedules were filmed by the Registrar General’s Office prior to their transfer as State archives.