Owning or purchasing a company title property can be complex — and it’s important to understand what you’re really buying. Unlike strata title, company title involves owning shares in a company that owns the land and building. Those shares give you the right to occupy a particular unit.
At Thornton + King, we act for buyers, sellers, and shareholders of company title buildings across Sydney and New South Wales. Our experienced property lawyers can help you navigate the unique rules, risks, and legal rights that come with company title ownership.
What is Company Title?
Company title was a popular form of ownership before strata title was introduced in New South Wales in 1961.
Under this structure, a company owns the entire building and land. Instead of owning a lot or parcel of land, an individual purchases shares in that company. Those shares grant the shareholder an exclusive right of occupation for a particular unit, as set out in the company’s constitution or articles of association.
Because the company controls the building, it also controls who can buy shares, who can live in the property, and what alterations can be made. This means every transaction — whether buying, selling, leasing, or renovating — requires company board approval.
Buying a Company Title Property
Buying a company title property in NSW involves more than a standard conveyance. The purchase process typically includes:
Reviewing the company constitution to confirm the rights attached to the shares
Checking any occupancy restrictions, such as owner-occupier requirements or bans on short-term letting
Obtaining board consent to the transfer of shares
Reviewing the company’s financial statements, liabilities, and insurance cover
Confirming there are no company title disputes affecting the property
Our lawyers conduct a detailed due diligence review to ensure you understand your rights and obligations before you commit to purchase. We liaise directly with the managing agent or company secretary and handle all share transfer documentation alongside the property contract.
Selling a Company Title Property
Selling a company title property also involves additional steps. You’ll need to provide potential buyers with company records, financials, and details of any current restrictions. The buyer must usually be approved by the company board before settlement can occur.
Our team manages the process from preparing the Contract for Sale through to obtaining board consent and settlement, ensuring compliance with all company and legal requirements.
Common Issues and Disputes
Company title ownership can give rise to disputes not commonly seen in strata schemes, including:
Refusal by the board to approve a transfer of shares
Disagreements about maintenance or repair obligations
Conflicts over alterations or renovations
Misuse of common property
Issues with the company’s governance or management
Because company title buildings are governed by company law rather than strata legislation, disputes are resolved under the Corporations Act 2001 (Cth) and the company’s constitution — not the Strata Schemes Management Act.
Our property and commercial litigation lawyers have experience acting in shareholder and company title disputes, helping clients enforce their rights or resolve conflicts through negotiation, mediation, or litigation if necessary.
Company Title vs Strata Title
Ownership
Company Title: Shares in a company that owns the property
Strata Title: Ownership of a defined lot and share of common property
Control
Company Title: Board must approve buyers and occupants
Strata Title: Anyone can buy; managed by owners corporation
Legislation
Company Title: Governed by the Corporations Act and company constitution
Strata Title: Governed by the Strata Schemes Management Act
Financing
Company Title: Often harder to obtain finance
Strata Title: Easier to finance and sell
Decision-making
Company Title: Managed by a company board
Strata Title: Managed by an owners corporation and by-laws
While company title has its pros and cons, it can still suit some buyers — particularly in older, boutique apartment blocks where residents prefer greater control over who occupies the building.
How Our Lawyers Can Help
We can assist with all aspects of company title ownership and transactions, including:
Buying or selling company title properties
Reviewing company constitutions and share transfer provisions
Liaising with company boards and managing agents
Drafting and negotiating contracts for sale
Acting in company title disputes or board challenges
Advising on conversion from company title to strata title
Our team combines deep experience in property law, corporate governance, and dispute resolution — so you can make informed decisions and protect your investment.
Speak to a Company Title Property Lawyer
Company title ownership can offer charm and exclusivity, but it comes with unique legal complexities. Whether you’re buying, selling, or facing a dispute, our lawyers can guide you through the process with clarity and confidence.
Contact Thornton + King today to speak with a property lawyer experienced in company title properties.
