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

Boundary definition

Titles to land in NSW are based on a plan of survey, or alternatively a plan or sketch compiled from a survey, which defines the boundaries of the parcel as at the date it was prepared. Therefore, when preparing a plan of survey for subdivision, redefinition or any other purpose, the surveyor:

  • relocates the original marks and monuments that define the boundaries
  • re-establishes the existing title boundaries of the subject land having regard to surveying conventions and the relevant principles of law
  • marks the new boundaries and re-marks the existing boundaries on the ground as required and
  • prepares a plan for registration at NSW LRS, setting out the dimensions of the parcel(s) and the evidence used in the boundary fixation.

Also see Linear and artificial boundaries, Natural boundaries and Stratum boundaries for further information.

General principles of boundary definition should be followed in the relocation of title boundaries.

Definition on the plan must clearly indicate the position and nature of each boundary.

Cadastral definition by coordinates may be allowable in special circumstances using GNSS techniques.

Old System boundaries require an in-depth investigation into the position of the original deed boundaries in comparison with the occupations and fences constructed on the land.

An Application for boundary determination may be made under Part 14A Real Property Act 1900, empowering the Registrar General to resolve boundary disputes and provide a simple, quick and inexpensive alternative to the complexity, delays and expense of litigation.

Boundary consents and approvals may be required when the adjoining land is held by the Crown or by a prescribed authority.

Deferred placement of marks may be approved by the Surveyor General to prevent the marks being disturbed or destroyed during development and construction.

Surveyor's reports should be used to disclose any doubt, discrepancy, difficulty or difference suggested by or encountered in a survey

Surveys must be marked as appropriate on the ground using Boundary and reference marks.

For more information for Plans and Titling contact plan-info@nswlrs.com.au

All NSW legislation can be accessed at www.legislation.nsw.gov.au/