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 affecting Old System land

When easements are to be created upon registration of a deposited plan affecting Old System land, notifications will be entered subject to the following:

  • where the plan and section 88B instrument have been signed by the servient tenement and a completed Statement of Title Particulars form (PDF 45 KB) is lodged (pursuant to s.28E Real Property Act 1900), an appropriate notification will be entered on the new Torrens title(s) subject to successful conversion action.
  • where the plan has not been signed, the lodging party should instruct the surveyor to either delete reference to the easement or show it as proposed on the plan. No notification will be entered on any new Torrens title(s) created.

Appurtenant easement notifications are omitted from new qualified certificates of title, as a title search has not made of the dominant and servient tenements. Exceptions are:

  • where the servient tenement is an unqualified Torrens title. The easement notification, if not already shown, will be endorsed in the second schedule, or
  • where the servient tenement is Old System land and a full title search of both the dominant and servient tenements is supplied with the completed Statement of Title Particulars.

Note  Sites of easements defined by metes and bounds description in a conveyance or other deed are not acceptable for registration. A new plan defining the site will be required.