Crown Land Interests:

The New South Wales Crown Lands Division of the Department of Primary Industries deals with approximately half of the land in the State through the Crown Reserve System. The Crown Lands Division also deals with Aboriginal land claims under Native Title legislation. Crown Lands are also used to manage the State’s fragile ecosystem. Matters relating to Crown Land interests may also involve dealings with Biodiversity law (for more information, see our “Biodiversity Law” section). 

Crown Lands are managed in consultation with community and business groups and often the Crown Lands Division may seek submissions from or make inquiries with local groups in relation to the use of Crown Land. As Crown Lands are a creature of law, submissions and inquiries may have a heavy legal content or flavour. In the event that you think that Crown Land interests may have an impact on you or your business, Navado Lawyers and Solicitors can assist in making appropriate representations on your behalf.

Often, the first notation on any Certificate of Title will be something to the effect of a “reservation and condition contained in the Crown Grant”, a term well known to Conveyancers. When buying or selling land, other notations will be accompanied with the relevant registered documentation which will describe the encumbrances and what they mean, but the reservation and condition contained in the Crown Grant will not be elucidated. 

These reservations and conditions are usually listed on the original document which granted the first right of ownership to the first owner of the land. The document is arcane and is available for inspection without any fee at the New South Wales’ Land and Property Information office located in Sydney.

The reason why these reservations and conditions may not be provided on electronic Title Searches is because they are so old that they have been extinguished and may take the form of, for example, “no horse is allowed to be hitched within twenty yards of the tavern”. It is not unusual for this notification to appear as notification No.1 in the Title Search.

In the event that you would like to obtain a copy of the details of a reservation and condition in the Crown Grant over property you own or intend to purchase, Navado Lawyers and Solicitors can assist in accessing this document and providing advice in relation to its effect on your intended occupation and use of the land.