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What types of land title’s are there?

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Torrens title, strata title, old system title and company title just to name a few. I understand this can get very confusing and it certainly matters to a lender what type of title you have as it reflects in the type of security the bank will be taking and how it can enforce the mortgage.

The title, or "freehold", defines what property you own. Anything that affects the quality of that title is recorded in the certificate of title which is the document that will bear your name when the property is legally yours.

This includes financial "encumbrances" such as mortgages and caveats and also any easements, rights of way or covenants that either benefit or disadvantage the property.

Procedures for the conveyancing of Torrens and strata titles are often uncomplicated. Company title and the small percentage of the remaining original form of title, old system title, can often be more difficult.

The most common types of title include Torrens titles which overcame most of the problems of "Old system titles" with the issue of a single, guaranteed certificate of title. Generally, only items including names, mortgage details and easements registered on the certificate of title have legal standing.

Strata titles are a system of ownership of property based on the horizontal and vertical subdivision of air space of a building into lots with separate titles where rights of transfer, lease or mortgage are unrestricted and are usually associated with the purchase of a unit.

I suggest talking to your conveyancer at the time of purchase to make sure you fully understand what type of title you will have and what that could mean in the future.


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