Is the memorial registered with the Registrar General’s Office, now NSW LRS?
No
I got this excerpt from:
The Registration of Deeds Act 1843 established the Office of the Registrar General and provided a register for the lodgment of a sworn, complete copy of a deed in that Office. All existing records were transferred to the Registrar General in 1844, but on 31 December 1849 the Office was abolished and its responsibilities transferred back to the Supreme Court.
However, on 1 January 1856 the Office of the Registrar General was re-established for the first compulsory registration of births, deaths and marriages. From 1 May 1857, responsibility for registration of deeds was returned to the Registrar General.
An amendment to the Registration of Deeds Act in 1896 established the Purchasers Index for Old System land. This system, based on English Common law, had many inadequacies. Each time land was sold or mortgaged, a separate deed was drawn up while proof of title required the tedious examination of a series of deeds (known as a chain of deeds). The system was cumbersome, expensive, uncertain and not guaranteed by the State. Additionally it was not mandatory to register plans of subdivision of Old System land prior to 1961.
The introduction of the Torrens Title System in NSW with the commencement of the Real Property Act 1863 marked the end of Old System land titles and the beginning of the system we use today.
Spot on.. we were part of a handful of trained OLD LAW title searchers.. WE searched chains and sworn affidavits of correctness and forwarded them to the then Titles office to be turned into Certificate of title.. That’s how old i one is..🧐
I am assuming from what you are saying the old system is still in effect, if so could you please explain the process of this memorial.
Draft it, sign it, lodge it..keep original in your safe..
1. What is involved in the process?
Someone needs to draft one up,
2. If the buyer we bought from did not register a memorial how do we proof they had a right to sell to us, ie continuation of the records, which I assume was the method of keeping records of who owned a property.
Correct… one can’t rely on the documents provided at your purchase they are self generated gov corp docs… not Crown approved.
3. I am assuming we would need the purchase contract and an extract of the title deed from current torrens system to transfer all the land and house purchases across?
Its a start
4. Is a bills of exchange a sale contract, the person who mentioned the bills of exchange said to get an aboriginal person to validate it, would doing this provide additional sovereignty over the land, if so would this have to be someone who is authorised like an elder of a tribe?
No
5. Can we do the land transfer through the torrens system (as in normal conveyancing) and also do the memorial?
Sure… the goal is to establish proprietorship..