NSW Help to resolve title issue-1888 owner still current

Robbo said:

Suburban property title dated 1888. The Owner died without a will in 1912 (his wife died 1897). There was no administration of the estate.

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Let's assume that you are referring to an intestacy that may not have been properly dealt with back in the day.
Let's also assume that you're not getting yourself into a tangle of terminology
that you've picked up from Google, and don't actually understand.

Consider that the current ("Torrens Title" system) started in NSW in 1863.
In those early days, conversion (a primary application) typically occurred as part of a transfer.
Such conversions continue to this day, albeit with fewer and fewer transactions each year.
So, a transaction that occurred in 1888 may not have been an Old System Transaction.

Even if the 1888 transaction was the first time that the land had been dealt in,
it is possible (even likely) that conversion occurred at the time of transfer.
So, even if there's a pretty document on parchment with ye olde lettering and language,
it could possibly be either a Torrens CT, or, if an Old System deed, one that has been
overtaken by history and is in in itself, inoperative.

Thing is, Old System deeds are a bundle of documents, in a date order, that give one a record
right the way back to the original grant.
One single document in that chain proves little, if anything.
A single document is more likely to be a CT... even if the family tradition has been to call it a Title Deed.

Transactions involving those very few suburban lots that truly remain on Old System title
(that is, that have not been converted to Torrens at some point)
are truly a job for a specialist.
This is especially so since there is clearly a complex history linked to the land and its occupants,
not least of which is a complex question of what might be several intestate successions.

You need a specialist property lawyer to sort this out.
Let me be clear - this is not a job for a mere layman conveyancer.
Yes, this will cost money.

I agree with Tim. Many years ago I did a couple of old system title transactions (albeit in Queensland). They can be complex - especially as time is generally not kind to the documents. Each link must be verified, and if it can’t it needs to be investigated to ensure proper continuity of ownership. The difficulties in compounding documents in chain of title was done away with by the Torrens titling system.

Interestingly, the compounding factor is the same as one of the potential difficulties in blockchain. The more transactions that are done, the longer and more difficult to verify the chain becomes.

contact the relevant council to clarify title? Then once clarified contact a solicitor.

aati said:

contact the relevant council to clarify title? Then once clarified contact a solicitor.

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Council is not the keeper of land titles.