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

Positive covenants

Public positive covenants are created under either s88D or s88E Conveyancing Act 1919 impose obligations on the new owner of the land burdened.

 

Positive covenants for maintenance and/or repair may be imposed requiring the maintenance or repair of the site of a new or existing easement.

 

Forestry covenants are an interest in land where a person is given the right to access land to establish, maintain and harvest a crop of trees.

 

Positive covenant for bushfire hazard reduction zone may require the proprietors of one or more specified parcels to clear and maintain a strip of land land as a bushfire hazard protection zone on land adjoining one of the boundaries of their land.