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

Creating new easements

An easement may be created by means of an appropriate dealing registered in NSW LRS or by the inclusion in a Section 88B instrument lodged with a new deposited plan.

General requirements certain conditions must be satisfied before an easement can be created.


New easements may be created by the registration of a dealing, a deposited plan or by implied grant or reservation.


Easements affecting Old System land registration of a deposited plan affecting Old System land, may create new easements subject to certain provisions.


Easements created by statute various legislation include provisions whereby easements are created automatically.


Easements created by Order of Court the courts may direct the Registrar General to note an easement on title.


Easements created by resumption or aquistion by the publication of a notice of acquisition in the Government Gazette.


Easements created by prescription the courts may presume that long or continued use of a right has created an easement in law.