What it does
The Real Property Act 1900 (NSW) (the Act) establishes and governs the Torrens title system in New South Wales. At its core, it requires the Registrar-General to maintain "the Register" (s 31B), comprising folios that record the current proprietor of an estate or interest in land together with encumbrances, easements, covenants, and other noted interests (s 32). Once land is brought under the Act—either by primary application (Part 4), conversion of Crown land (Part 3), or creation of qualified/limited folios (Parts 4A and 4B)—the folio constitutes conclusive evidence of title (s 40), subject only to the exceptions in s 42 (fraud, omitted easements, possessory interests, short leases, and misdescriptions).
The Act prescribes the mechanics of all dealings. A transfer, mortgage, lease, or easement must be executed in the approved form and lodged for registration (ss 36, 46, 53, 56). Upon registration, the dealing takes effect as a deed (s 36(11)) and, for a transfer, passes the estate or interest free of unregistered interests except those protected by s 42 (s 41). Mortgages and charges do not pass title but confer power of sale on default (ss 57–60). Caveats (Part 7A) and priority notices (Part 7B) provide provisional protection: a caveat prohibits registration of inconsistent dealings while in force (s 74H), lapsing in defined circumstances (ss 74C, 74I, 74J, 74M). The Act also regulates possessory title (Part 6A), the conversion of old-system land (ss 14, 28B–28E), and the recording of native title determinations (s 12C).
Administrative machinery is extensive. The Registrar-General may correct errors (s 12(1)(d)), issue notices (s 12A), require production of documents (s 12(1)(a)), and make recordings on his or her own motion in defined cases (e.g. ss 12B, 12C, 13H, 31A). Electronic lodgment is facilitated by the , with conveyancing rules (s 12E) and lodgment rules (s 12F) prescribing identity verification, client authorisations, and certification standards. The Torrens Assurance Fund (s 134) indemnifies persons who suffer loss from registration errors, fraud, or certain omissions, subject to the exclusions in s 129(2).
