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

Writ recorded on the Register

A writ recorded on the Register will not prevent registration of those dealings that are not prevented by a caveat (s105A(1)(j) Real Property Act 1900, ie:

  • a dealing recording the bankruptcy of a registered proprietor
  • the cancellation of a caution
  • a caveat
  • an application under s74I(1) Real Property Act 1900 or s74I(2) Real Property Act 1900, or s74J(1) Real Property Act 1900 for the preparation of a lapsing notice for the caveator
  • an application for the issue of:
    • a consolidated certificate of title, or
    • separate certificates of title where there is more than one registered proprietor, or for an estate or interest in land
  • a change of address of the Owners Corporation of a Strata scheme or the Association of a Community Title scheme
  • a change of name, or a correction to the name of a proprietor
  • a notation or an application for notation of cross-easements created by s88BB or s181B Conveyancing Act 1919
  • an application under s135B Real Property Act 1900 for the determination of a boundary by the Registrar General
  • an easement:
    • created by a dealing if the writ is noted on the folio for the land benefited by the easement or
    • created by s88B(3) Conveyancing Act 1919
  • a dealing varying, releasing or cancelling an easement, the abandonment of an easement or the effect of an instrument under s88B Conveyancing Act 1919 releasing an easement, if the writ is noted on the folio for the land burdened by the easement
  • an Order of a Court modifying or extinguishing an easement under s89 Conveyancing Act 1919
  • in relation to a lease recorded or lodged in registrable form before the lodgment of the writ, a dealing effected by the lessee pursuant to a right conferred by the lease or by or under law
  • a dealing by a lessor or sub-lessor recording the determination of a lease or sublease if the writ is not recorded against the lease or sublease that is the subject of the determination
  • an Order of a Court for the discharge of a mortgage under s98 Conveyancing Act 1919
  • in relation to a mortgage, charge or covenant charge recorded or lodged in registrable form before the lodgment of the writ, a dealing effected by the mortgagee, chargee or covenant chargee in the exercise of a power of sale or other power or a right conferred by the mortgage, charge or covenant charge or by or under law
  • a notice of death under s101 Real Property Act 1900, unless the caveat claims through the deceased joint tenant
  • a positive covenant created under:
    • s88B(3), s88D or s88E Conveyancing Act 1919 or
    • s88BA Conveyancing Act 1919 for maintenance/repair of land that is the site of an easement and/or other land that is subject to the burden of the easement
  • a dealing releasing or varying a positive covenant created under s88BA, s88D or s88E Conveyancing Act 1919
  • an Order of a Court extinguishing or modifying a positive covenant under s89 Conveyancing Act 1919
  • an application under s12 Real Property Act 1900 or s136 Real Property Act 1900 for exercise of the Registrar General's power to compel production of a certificate of title or other instrument
  • a profit prendre created under s88B(3) Conveyancing Act 1919
  • an application for removal of restrictions lodged on Removal of Restrictions form 13KR
  • a restriction on the use of land created by s88B(3), s88D or s88E Conveyancing Act 1919
  • a dealing releasing or varying a restriction on the use of land
  • an Order of a Court extinguishing or modifying a restriction on the use of land under s89 Conveyancing Act 1919
  • a resumption or acquisition
  • an application under:
    • s14(A) Housing Act 1976
    • s3(1) Housing Agreement Act 1973
    • s39B Real Property Act 1900 or
    • s46C Real Property Act 1900.
  • a dealing by one or more joint tenants the sole purpose of which is to sever the joint tenancy
  • a transfer under s713 Local Government Act 1993 (the writ is removed on registration of the transfer)
  • a transmission application by an executor, administrator or trustee in respect of the estate or interest of a deceased registered proprietor
  • re trustees, an application under s12 Trustee Act 1925 or an Order of a Court or dealing which effects or evidences a replacement of existing trustees or the appointment of new or additional trustees
  • a vesting or dealing effected in accordance with:
    • an Order of a Court or
    • a provision of an enactment of the State of NSW or the Commonwealth, being an order or enactment which, expressly or by implication, requires or permits a recording to be made in the Register, notwithstanding that the writ is in force
  • a writ or the cancellation of the recording of a writ.

A writ will also not prevent registration of the following:

  • a transfer giving effect to a sale under the writ (the writ will be removed on registration of the transfer)
  • a dealing that has the consentof the Sheriff endorsed on it pursuant to s113(6)(b) Civil Procedure Act 2005 (the writ will be partially lapsed to allow registration of the dealing)
  • a transfer accompanied by the original contract for sale with the consentof the Sheriff endorsed on it pursuant to s113(6)(b) Civil Procedure Act 2005 (the writ will be removed on registration of the transfer)
  • a transfer in exercise of an option to purchase contained in a lease that was registered before the writ was recorded; the lease must be inspected to ensure that it contains an option to purchase
  • a determination of a lease
  • a dealing by a mortgagee, chargee or covenant chargee in exercise of powers under a mortgage, charge or covenant charge that was registered before the writ was recorded
  • a postponement of mortgagewhere each of the relevant mortgages was registered before the writ was recorded
  • an Order for foreclosure pursuant to a mortgage registered before the writ was recorded
  • an application for recording under s66(1) Real Property Act 1900 the satisfaction or discharge of an annuity, rent-charge or sum of money secured by a registered charge
  • an Order or a transfer where the registered proprietors hold as joint tenants ('no survivorship') as referred to in s85(1) Real Property Act 1900, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [70.900].
  • a dealing by the Official Receiver in Bankruptcy
  • a dealing the registration of which is directed under s122(4), s124 or s138 Real Property Act 1900 or
  • a notification whereby land becomes Crown land.

Every other dealing which affects a folio on which a writ has been recorded and which is lodged within 6 months from the recording of the writ will not be registered unless it has been made subject to the writ. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [570.500]; s105A(2) Real Property Act 1900.

Staff processing information

Where a writ recorded on a folio of the Register:

  • may prevent registration of a dealing presented for lodgment, or
  • requires a dealing lodged to be made subject to the writ,

the dealing must be accepted for lodgment and a requisition must be raised.