What other means can establish ownership of a property?

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Stratus

Active Member
6 March 2018
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31
General question for NSW - is having your name recorded as the owner of property at the NSW Land Registry Lands the sole means to confirm you are in fact the owner of that property?

I ask as my local council won't issue rates in my name as they claim they cannot be certain of the information they receive from the Land Registry Office. Council advise they will be satisfied if I produce copies of the contract of sale and transfer documents fully signed and witnessed.
 

Docupedia

Well-Known Member
7 October 2020
139
11
414
Here's the phrase you need to know: indefeasibility of title.

It's a legal concept which means that the registered owners of a title, as held by the Land Registry Office on the official register (which is exactly what shows on a title search), have the highest priority of ownership above all others. There are two exceptions to this doctrine: fraud or personal action. Both of these are an attack directly against the way in which you gained registration. Unless and until either of these are proven, you gain indefeasibility by being a registered owner.

In other words: The information from the Land Registry Office is the best evidence to support your claim. Unless the Supreme Court (for example) orders that the register be changed, there is no higher authority. They absolutely can be certain of the information on the register, and it is what every other person uses as evidence of ownership of land. Dealing with property? First thing you do is a title search, and the results on that are gospel. Title search wrong? Stop everything and get it fixed - because it is the ultimate authority.

Council may require you to prove that you are the same person as named on title (and that is becoming a common occurrence), but that should be it.

Of course, having an argument with council is liable to be a lengthy and frustrating exercise. It may just be easier to show them the documents.
 

Stratus

Active Member
6 March 2018
5
0
31
Thank you for your reply. Yes I read about the concept of "indefeasibility of title" which is the highest level of proof that you are the owner (if it can be explained that way) beating anything else which could be presented. Yes it has already been a rather absurd process with council so I'll be turning up with the relevant documents, ID, and my person to show I exist.
 

Docupedia

Well-Known Member
7 October 2020
139
11
414
As I stated indefeasibility isn't unable to be beaten - but it does stand until one of those things is proven.