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

Definition on the plan

Any plan of survey must indicate how the boundaries of the parcel are defined by clearly setting out the position and nature of each boundary.

The surveyor must show:

  • full dimensions for each boundary. Lines are defined by bearing and distance. Circular curves are defined by radius, arc length, chord bearing and distance)
  • the nature of the boundary (e.g. whether it is defined by survey marks, fences, roads, natural features or buildings or walls) and
  • the position of all survey marks, monuments, lockspits or occupations used by the surveyor to fix the position of the boundaries.

The age, nature, position and construction material of any substantial structure (building, retaining wall, road formation, fence etc.) located within one metre of, or encroaching across, a boundary must be shown on the survey plan. If the boundary is the face or centreline of a wall, an appropriate notation must be added to the plan, viz 'face of wall', 'centre of wall 0.23 wide' (see clause 63 Surveying and Spatial Information Regulation 2017). If no substantial structures exist, it is recommended that the plan indicate this by notation.

NOTE: A wall must not be described as a 'party wall' unless it is subject to existing cross-easements as specified in the Conveyancing Act 1919 or such cross-easements are intended to be created upon registration of the plan. See also Cross easements.

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