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

Easements

Grant of easement is a right, annexed to land to utilise other land of different ownership in a particular manner or to prevent the owner of such other land from utilising his land in a particular manner.

 

Release of easement removes the burden of the easement from the servient tenement.

 

Right of way is a particular type of easement, ie a right, annexed to land to travel over other land of different ownership in a particular manner.

 

Release of a right of way removes the burden of the right of way from the servient tenement.