Property Titles in NSW

Here’s a rundown of the main title types you’ll encounter in New South Wales:

Torrens Title

The most common form of ownership in Australia. You own the land and everything on it outright. The NSW Land Registry Services holds a certificate of title confirming ownership. Full control over your property, subject only to registered dealings (mortgages, easements, covenants).

Strata Title

Used for multi-unit developments (apartments, townhouses, units). Ownership is split into:

• Your lot: The individual unit/apartment (generally from wall to wall, floor to ceiling)
• Common property: Shared areas like hallways, lifts, gardens, pools, owned collectively by all lot owners through the Owners Corporation (formerly Body Corporate)

Each owner pays strata levies to fund maintenance of common property. Governed by the Strata Schemes Management Act 2015. You get your own Certificate of Title for your lot, plus a share in the common property.

Company Title

One of the oldest forms of unit ownership, predating strata title (common pre-1960s buildings). Instead of owning real property directly, you own shares in a company that owns the entire building. Your shares entitle you to occupy a specific unit under a proprietary lease.

Key differences from strata:

• The company (not you) holds the land title
• Buying/selling requires board approval: the company’s directors can reject a purchaser
• Harder to finance: Many lenders won’t lend against company title, or will only lend at lower LVRs
• Less legal protection for owners compared to strata
• No Owners Corporation: Governed by the company’s Memorandum & Articles of Association
• Can be harder to sell due to lender and buyer reluctance

Community Title

Similar to strata but used for larger, mixed-use or staged developments, think master-planned estates, resorts, or mixed residential/commercial precincts. Creates a hierarchy of:

• Community scheme (top level)
• Precinct schemes (middle)
• Strata or neighbourhood schemes (individual lots)

Owners pay levies at each level. Governed by the Community Land Development Act 2021 and Community Land Management Act 2021.

Leasehold Title

You own the improvements (the building) but lease the land from the Crown or another entity for a fixed term (commonly 99 years). More common in the ACT (where most land is technically leasehold) but exists in some NSW contexts, particularly Crown land developments and some resort/marina properties.

Old System Title

A largely historical title type predating Torrens, based on a chain of deeds going back to the original Crown grant. Very rare now, most have been converted to Torrens. Transactions are complex and risky due to the need to trace the full ownership history.

Quick Comparison

For an architecture or property context, strata and community title are by far the most relevant for new developments. Company title properties are increasingly being converted to strata to improve saleability and financing options, something worth flagging to clients with older buildings.