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

Existing easements

The site, nature and origin of all existing easements, including cross easements in respect of party wall(s), affecting a lot and the relationship to the boundaries of the lot must be shown in the new plan. The origin relates to the method of creation of the easement by:

  • the registration number of the dealing, deed, plan or instrument by which the easement was granted, reserved or created, or
  • reference to the notification in the relevant Government Gazette.

Connections to the site should be added to all new boundaries affected by the existing easement.