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

Certificate of vesting of land

ADIS Code - V

The vesting of land, usually in a statutory authority, changes ownership of land as a result of the publication of a notice in the Government Gazette.

A vesting of an easement is dealt with in the same manner as a vesting of land.

For compulsory acquisition or resumption of land or easements

Lodgment requirements

Stamp duty - Required if executed before 1.7.1998.  If not marked Registration insisted upon is prohibited.

Not required if dated on or after 1.7.1998.

Registration copy - Required. If unacceptable, Registration insisted upon is prohibited

Statement of Title Particulars form - Required, except where the vesting is of a road or easement.

NOS form - Required, except where the vesting is of an easement.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Vesting of Land - Certificate of

(C) Locality - The situation of the land.

Link Conveyance - For the Old System land if affected.

Principal Deed - Not required.

(D) Indexing - The former proprietor and the new proprietor of the land.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the former proprietor and the new proprietor of the land or easement are required.  Advise the lodging party of any discrepancies in names. 

Operative clause:  "... hereby vests...".

Locality:  required.  The situation of the land or easement.

Land Description:  required. Determine if the affected land is Old System or other (see IPF).  Where Old System land is affected it must be described by reference to:

  • a metes and bounds description
  • another registered instrument
  • a plan attached
  • a Government Gazette notice or
  • a lot or parcel in a subdivision.

Link Conveyance:  required.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Execution:  is in the form of a certificate executed by the former proprietor of the land or easement.  A power of attorney must be registered.  The party being vested does not have to sign.

Attestation:  not required.   

IPF:  must be completed.

Staff processing information

CA  Required, except where the vesting is of a road or easement..

Indexing

Locality:  required.  The situation of the land or easement.

Link Conveyance:  required if Old System land is affected. The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed:  nil.

Noting:  "Vesting of [description of land]"

or

"Vesting of easement being [description of easement]".

If Old System land is affected and:

  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V:  the former proprietor of the land or easement, and any variations thereof.

P:

If Old System land is affected and not for road purposes or an easement:  the name of the authority in whom the land or easement vests and any variations thereof.

If Old System land is not affected:  nil.

If Old System land is for road purposes or an easement:  nil.