On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Release or removal

ADIS Code - RE

A release or removal is used where a particular ADIS registration frame for the transaction does not exist, eg for a release of a licence.  A release or removal can only be used where the operative words state "release" or "remove".

If the release or removal affects Old System land and is drawn in:

  • the short form, the original document is required; or
  • the long form, ie by this deed and/or signed sealed and delivered, the original document is not required.

If the release or removal does not affect land the original document is not required.

Lodgment requirements

Stamp duty - Required if dated before 1.7.1998.  If not marked, Registration insisted upon is prohibited.

Not required if dated on or after 1.7.1998.

Registration copy - Required.  If unacceptable, Registration insisted upon is prohibited

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Release/Removal

(C) Locality - The situation of the land if required for the original document.

Link Conveyance - Required if Old System land is affected and the Principal Deed is unregistered.

Principal Deed - If registered the document being released or removed.

(D) Indexing - The releasor, and the proprietor if Old System land is affected.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the releasor and the party affected by the release are required.  Advise the lodging party of any discrepancies in names. 

Locality:  required.  The situation of the Old System land.

Land Description:  required if Old System land is affected and the Principal Deed is unregisterd (see IPF).  Where Old System land is affected it must be described by reference to:

  • a metes and bounds description
  • another registered instrument
  • a plan attached
  • a Government Gazette notice or
  • a lot or parcel in a subdivision.

Link Conveyance:  required if Old System land is affected and the Principal Deed is unregisterd.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Principal Deed:  if registered, the number of the original document affected by the release as stated in the release must be identical to the number stated on the IPF.

Execution:  by the releasor.  A power of attorney must be registered if land or shares are affected. The other party does not have to sign.

Attestation:  required.  Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF:  must be completed.

Staff processing information

If the release or removal affects Old System land and the Principal Deed is unregistered include the Locality and Link Conveyance.  Enter a Noting: "Release/removal of unregistered [type of document] dated ...".

A release or removal affecting land that does not have a Link Conveyance in the form of a Book and No. must be entered with a Noting: "Release/removal of [type of document] affecting [land description and manner of acquisition]".

CA  Not required.

Indexing

Locality:  required if Old System land is affected and the Principal Deed is unregistered.  The situation of the land.

Link Conveyance:  required if Old System land is affected and the Principal Deed is unregistered.  The situation of the land.  The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed:  the original document affected by the release or removal if registered.

Noting:  If Old System land is affected and:

  • an interest, state: "interest in" (or Noting Code: "I")
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V:  the releasor, deceased estates or trusts, and any variations thereof.  The proprietor of the Old System land affected by the release, deceased estates or trusts, and any variations thereof.

P: nil.