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

Caveat (electronic)

A caveat is a form of statutory injunction provided for under the Real Property Act 1900. A caveat records a claim for a legal or equitable estate or interest in land. Once a caveat is lodged in NSW it remains effective until it is withdrawn (either by the caveator or court order) or until it lapses.

A caveat must not be lodged without reasonable cause. Any person who lodges a caveat without reasonable cause may be liable for damages.

A caveat noted on the Register will not prevent recording and is effective from the time of lodgment. For more information about caveats, see What is a Caveat? FAQ page.

An electronic Caveat can be lodged where it affects the whole of the land.

A Caveat must be lodged as a Dealing with Exception in certain instances, see Lodgment Rules Exception page. 

For information to assist with completing a Caveat in an ELNO, see ELNO guidance notes for Caveat.