Updated 31 October 2026
Contract for Sales - Seller’s Most Asked Questions #44: What is a property deed?
What does a property deed mean in NSW?
In NSW, people often use “property deed” to mean proof of ownership, but most property is held under the Torrens title system. Ownership is recorded in the land register. A current title search, contract and registered transfer have distinct roles; a private deed does not replace the required registration process.
A deed is a formal legal instrument that may create or record particular rights and obligations. The Real Property Act 1900 governs Torrens registration. Before selling, establish what title system applies and which documents actually govern ownership, access, restrictions and the proposed transaction.
Do I still need a paper certificate of title?
NSW cancelled existing certificates of title on 11 October 2021 and no longer issues new certificates. Losing an old certificate does not itself mean losing ownership or prevent an electronic settlement. Current ownership and registered interests must be checked against the register, rather than an old paper document kept at home.
The Registrar General explains that an Information Notice issued after registration is not a definitive statement of the current register either. Arrange a current title search. Keep other original documents, including trust deeds, powers of attorney and historical conveyances: abolishing certificates of title did not make every property-related paper obsolete.
How do a title search, contract, transfer and deed differ?
These documents answer different questions about a transaction. A title search identifies registered ownership and interests at the search time. A contract sets the sale obligations, while a transfer is the instrument used to change registered ownership. A separate deed may deal with particular rights, promises or arrangements connected with the land.
| Document or record | Main role | Important check |
|---|---|---|
| Title search | Reports the register at the search time. | Correct owner, land and recorded interests. |
| Contract for sale | Sets binding sale obligations and includes required disclosures. | Conditions, inclusions and settlement obligations. |
| Transfer | Used to register the change of ownership. | Correct parties, land, authority and registration requirements. |
| Separate deed | Creates or records rights for its particular purpose. | Execution, legal effect and whether registration is required. |
A signed contract can create enforceable rights before registration. However, exchanging contracts and becoming the registered proprietor are different stages of the transaction.
How do you check that the correct owner is selling?
Compare the registered proprietor with the proposed seller and confirm both identity and authority to deal with the land. Similar names, a business name or possession of old documents are insufficient. A company, individual, trustee, attorney or executor may require different supporting evidence before the transaction can safely proceed to settlement.
Check full names and, for a company, its correct legal name and ACN. Where a trust is involved, obtain the trust and trustee-appointment documents; trustee capacity may not appear on title. An estate sale may require probate and registration steps.
The Registrar General’s guidance emphasises that a matching name on a title search alone does not establish the client’s right to deal. Verification of identity and supporting evidence remain essential.
Why must the title search be up to date?
A title search is a snapshot, so an earlier search may miss a mortgage, caveat, lease or other dealing recorded later. Check the title when preparing the sale and arrange appropriate updated searches before exchange and settlement. Any new entry needs assessment against the contract and the steps required to complete the transaction.
Ask your solicitor to check:
- Mortgages: repayment of the loan does not itself remove a registered mortgage; arrange discharge where required.
- Caveats: investigate the claimed interest and its effect on registration. Lodgment does not prove the claim is valid.
- Leases: identify registered interests and obtain all relevant tenancy or occupation agreements.
Some unregistered interests can still affect a purchaser. A title showing no registered lease does not prove the property is vacant or available with vacant possession.
Do easements and covenants have to be removed before sale?
An easement or covenant does not automatically prevent a property being sold. Its terms, location and effect must be understood and properly addressed in the contract. Many properties are sold subject to continuing rights or restrictions, such as drainage access or rights of way, rather than having every registered interest removed.
Obtain the instrument and relevant plan, not just the brief description on the title search. Check who benefits, who is burdened and what activities are permitted. A fence or driveway on the ground may not establish the legal boundary or access entitlement. Obtain survey advice where the physical layout and records do not align.
What title information belongs in the sale contract?
NSW sale contracts must satisfy prescribed disclosure requirements and statutory warranties. The required documents commonly include a title search, relevant plans, specified dealings, drainage information and a planning certificate. The precise requirements depend on the property and transaction. A deed stored separately does not replace documents that must accompany the contract.
The NSW Government’s contract guidance identifies the prescribed requirements under section 52A of the Conveyancing Act and the sale-of-land regulation. Missing documents or breached warranties may give a purchaser rights, subject to the applicable conditions and deadlines.
Give your solicitor complete information about known problems, agreements and occupation. Disclosure obligations, contractual promises and misrepresentation issues require separate assessment; neither silence nor attaching a title search resolves every risk.
How must a deed be signed in NSW?
A deed must meet the execution requirements applying to its parties and purpose. Individual and company signing rules differ, and an attorney must have appropriate authority. Electronic execution may be available, but simply adding an electronic signature does not establish that every legal requirement has been satisfied for the particular document.
Section 38 of the Conveyancing Act generally requires an individual’s deed to be signed and attested by a witness who is not a party. Companies have separate execution rules. The Australian Government Solicitor’s guidance explains important distinctions. Have the signing provisions, witnessing, any delivery requirement and proposed electronic process checked before execution.
What if the property is still under Old System title?
Old System land requires a different investigation because historical conveyances and the chain of ownership remain important. Do not assume that a modern Torrens title search alone will answer every ownership question. The solicitor must identify the title system, examine the necessary documents and advise on registration or conversion requirements for the transaction.
The Registrar General explains access to historical Old System records. Preserve original deeds and related evidence. Registration in the General Register of Deeds has different effects from Torrens registration and does not automatically cure a defective instrument. Whether a particular deed needs registration, and what registration achieves, requires advice.
What does Westfield’s easement dispute show about registered documents?
Westfield’s easement dispute shows why the terms of a registered instrument matter as much as the existence of an entry on title. A right of way benefiting one parcel did not authorise the wider access claimed for neighbouring land. Buyers and sellers should check the permitted use before relying on an access arrangement.
In Westfield Management Limited v Perpetual Trustee Company Limited [2007] HCA 45, Westfield sought access beneath Sydney’s Glasshouse complex to Skygarden and adjoining sites for a combined redevelopment. The High Court dismissed its appeal: the registered easement allowed passage to and from Skygarden, not the additional access claimed.
The Court emphasised the register and rejected reliance on evidence of the original parties’ intentions outside the grant in this case. This commercial dispute illustrates the importance of reading the instrument and plan. It does not establish that every easement is a defect or that a seller automatically owes compensation.
What should you do if ownership details or documents are wrong?
Raise discrepancies before exchange wherever possible. A misspelled name, incorrect lot reference, deceased owner or disputed interest may require different evidence and registration steps. Editing an old deed or the contract alone will not necessarily correct the register. Your solicitor should identify the problem and confirm the proper remedy before settlement.
Provide the current title information, relevant deeds, identification, loan details and any leases or trust documents. Check that the contract describes every lot being sold, including separately titled parking or storage where applicable. Allow time for lender and registry requirements.
CM Lawyers can review the title and transaction documents and coordinate the required steps. Contact Christine Manolakos before signing or attempting to correct an ownership document yourself.
General information, not advice about your transaction. Have a lawyer check the title, contract, deed and applicable registration requirements before you act.
Key resources
Real Property Act 1900 — Torrens registration, ownership and registered interests.
Conveyancing Act 1919 — deeds, execution, sale disclosure and deed registration.
Registrar General: electronic conveyancing and certificates of title — cancelled certificates and current title information.
Registrar General: subscriber compliance — identity, authority and the right to deal with land.
NSW Government: sale contract requirements — prescribed contract documents and disclosure rules.
NSW Government: steps to selling a property — preparing the contract and completing a sale.
Australian Government Solicitor: execution of documents — individual, company and electronic signing requirements.
Registrar General: historical Old System records — digitised deeds and access to land ownership records.
Westfield Management Limited v Perpetual Trustee Company Limited [2007] HCA 45 — High Court reasons on the scope of a registered easement.
