Purchasers Strata Inspections Pty Ltd Online Commentary

TITLE DEED

It is the practice in New South Wales for the Land and Property Management Authority to issue a title deed for the common property in strata or community scheme. This section of the report will indicate whether the title deed was sighted and, if not, why not. Sometimes the reason for it not being sighted is reasonable (e.g. it is at the Bank in safe custody) but often there is no reason or a questionable reason as to why it is not available. The title deed is necessary for the owners corporation to register “dealings” with respect to the common property (e.g. a notification of change of by-laws or a lease of common property). If it is not available when it is needed an application will need to be made for a new title deed. There is expense associated with this application.

Apart from these issues of inconvenience and cost, nothing much turns on the absence of a title deed for the common property. It is not uncommon for them to be “missing”.

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About The Commentary

This commentary has been written by Gary Bugden OAM DUniv. Gary is the Chairman of the Board of Directors of Purchasers Strata Inspections Pty Ltd.

Gary Bugden has been Australia’s leading authority on strata and community titles for the past 40 years.

He has authored numerous books and loose-leaf services on strata related subjects and has provided this commentary to assist purchasers to interpret and apply the contents of this report.

The commentary is not intended as a substitute for legal advice and purchasers should refer any concerns they have about the contents of the report to their solicitors or conveyancers for proper analysis and advice.

While every effort has been made to ensure the accuracy and relevance of this commentary, neither Gary Bugden nor Purchasers Strata Inspections Pty Ltd will accept any responsibility for any inaccuracy or incompleteness of its contents, nor if at the time of use it is out of date. They each intend to rely upon this exclusion of liability in the event that a purchaser suffers any loss or damage as a consequence of relying upon any part of this commentary.

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