Whilst Old System Title has all but disappeared from NSW over the past few decades, every now and then we see a title search noting that it is “Limited Title”. What does this mean and is there cause for concern?
We often see this in older inner-city suburbs or other areas where properties were created in the early to mid-1900s. Whilst not fatal to buying the property, there are a few extra steps and considerations for prospective purchasers.
A limited title property means that the land has not been fully defined by a survey and the boundaries have not been examined by Land Registry Services (LRS). A limitation can be subsequently removed by the lodgement of a plan of survey which satisfactorily defines the boundaries of the parcel.
A number of issues can arise if you are considering buying a limited title, which you should be aware of;
- If you are borrowing money to complete the purchase, some banks may require an abstract of title or a survey report to be submitted as part of their lending criteria. There are also some banks that may be hesitant to lend for a limited title property.
- An abstract of title usually exists for these properties in lieu of a survey report. However, because these abstracts are often misplaced over the course of time, many contracts for limited title properties contain a special condition removing the requirement that the vendor must produce the abstract of title.
The main message with limited title properties is to keep in mind that extra expenses and additional work is likely to be involved to satisfy your lender and complete the conveyance. So, when you fall in love with that gorgeous inner-city property, it might take you a few extra hurdles to secure it.
Also, if you want the limitation removed at some time in the future, the only means of doing so is by lodging at LRS a plan of survey which defines the properties boundaries.
If you’ve come across a property which is on limited title please call us, we have assisted many people in the past in purchasing limited title properties.
Important Disclaimer: The content of this article is general in nature and for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.