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

Transfer resulting in a merger

If the registered interest is stated in the Encumbrances the transfer will be registered and the interest will remain on the Torrens Title Register.

If the transfer of the land or of a registered lease, mortgage or charge results in the registered proprietor and the lessee, mortgagee or chargee becoming one and the same person holding the land and interest in the same capacity, and the registered interest is not stated in the Encumbrances, a 28 Day Notice of Intended Registration form 10-0180 will be sent to the lodging party indicating that a Request form 11R (PDF 132 KB) to merge the estate and interest may be lodged. If a merger is lodged, remove lease and register transfer. If not lodged the transfer will be registered and the interest will remain on the Torrens Title Register.

Where a Crown land tenure lease or Crown land Real Property Act lease comes under the same ownership there is no automatic merger of the estates. A request by Land NSW to merge must be lodged in the usual manner.

Staff processing information

If in order proceed with registration except for the following.

Refer to SD6. 

Where a transfer resulting in a merger involves a Crown land tenure lease or Crown land Real Property Act lease.

SD6 - a direction must be given by Land NSW as regards a current sub-lease.  A requisition must be raised if no direction is given.