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

Glossary

The meanings attributed to terms set out for the purpose of explanation only and are not necessarily valid legal definitions for other purposes.

Where precise definitions are sought appropriate statutes or authorities should be studied. See Greg Stilanou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [Definitions on pages xxvii – xxxi].

Abstract of Title:

A listing of documents comprising the chain of evidence to a person's estate or interest in land.

Acceptance:

The act of assenting to an offer (eg the affixing of one's signature for the purpose of accepting the terms or conditions of a dealing).

Access Way:

A thoroughfare created over all or part of the association property of a community, precinct or neighbourhood scheme and defined in an access way plan attached to the management statement.

Accredited Certifier:

A person identified under the Environmental Planning and Assessment Act 1979 as authorised to consent to the subdivision of land.

Accretion:

The acquisition of extra land from the sea or its inlets, or from a stream, by natural, gradual and imperceptible means.

Acknowledgement:

A deed by which the executor(s) of a deceased estate pass an interest in Old System land to the devisee under a will.

Acquisition:

Except in relation to private action the compulsory acquisition of land or an easement by the Commonwealth of Australia under the Lands Acquisition Act 1989 (Commonwealth) by notification in the Commonwealth of Australia Gazette.

Ad Medium Filum:

The 'middle thread' of a non-tidal stream or road - there is a rebuttable rule of construction (not applicable to a public road) that the title to land abutting a non-tidal stream or road extends to the middle thread of the stream or road unless the rule of construction has been rebutted - known as the 'ad medium filum rule'.

ADIS:

Automated Deed Indexing System. NSW LRS' electronic index and registration system for the General Register of Deeds which commenced in 1992. The index replaced the earlier manual General Register of Deeds index and incorporated other previously separate indexes into the General Register of Deeds such as the Bills of Sale Index and the Register of Resumptions. This index mainly contains General Register records registered from the November 1992 to date.

Administrator:

A person to whom letters of administration are granted by the Court in the event of death without leaving a will (intestate), or where the will does not specify an executor.

AHD:

Australian Height Datum. The origin height for all reduced levels as fixed by the Surveyor General.

Alienated:

The capacity for a piece of property or a property right to be transferred by grant or purchase from the Crown.

Alienation:

The passing of Crown lands into private ownership.

Allotment:

The smallest subdivision of land in a section of a town or village map.

ALTS:

The Automated Land Titles System based on the computerised Real Property Act Register. Now superseded by the Integrated Titling System (ITS).

Appointment of Receivers:

The act of making a person or firm responsible for the function of holding property for safe keeping or its administration for the sale and recovery of another person's debt.

Appropriation:

In relation to land, the taking of Crown land by a Crown authority for the purpose of a public work, not effective against land or an easement held by the Commonwealth of Australia.

Approved form:

A form approved by the Registrar General for the purposes of a provision of the Real Property Act 1900 or any other Act.

Assign:

The act of transferring a property, interest or equity the legal successor of ownership.

Association Property:

The communal property created in a community, precinct or neighbourhood plan.

Assurance Fund:

The fund established under the Real Property Act 1900 to compensate persons deprived of land, or an interest in land, by the operation of that Act.

Attestation:

The witnessing of the signature or execution of a document.

Azimuth:

The datum line specially determined from established survey monuments on public record and its bearing or direction, adopted by a surveyor as the base line for a survey. Alternatively the bearing used may be taken from astronomical observations.