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

Information on different types of positive covenants are set out below:

  • Public positive covenants may be created using a section 88B instrument, lodgement of a dealing or lodgement of a deed and impose obligations on the owner of the land burdened.
 
 
  • Forestry covenants (which are incidental to Forestry rights) 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 be created using a section 88B instrument and 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.


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

 

Publication Date: September 2024​