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

Lease plans

These Guidelines apply to plans that identify the area of land included in a lease that will be lodged for registration with NSW LRS.

A lease is a written agreement entered into by an owner of land (the lessor) granting another person (the lessee) exclusive use of the land for a period of time (the term) in return for the payment of rent. Information on how to prepare a lease for registration can be found in the Registrar General’s Guidelines for land dealings.

The lease may be for the whole of the land or premises or for part of the land or premises. Where it is for a part, a plan may be required.

For the purposes of these Guidelines, the requirements have been divided into two broad categories;

  • lease of premises – being a lease of the whole (or part) of a building or other structure on the land; and 
  • lease of part of land - being a lease of part of a current parcel (including all structures contained thereon).

The Guidelines also include specific information about special purpose leases, being:

Easements created in a lease

Section 47(2) & (3) Real Property Act 1900 allows an easement to be created by lease in two scenarios, where:

  • the lessor grants an easement benefitting the leased land over other land owned by the lessor, or

  • the lessor reserves an easement over the leased land to benefit other land owned by the lessor.

Unless the easement affects the whole of a parcel or the whole of the leased land the site of the easement must be defined in a plan annexed to the lease or a deposited plan of survey. The usual requirements for a compiled easement plan will apply (for more information see compiled easement plans). If the compiled easement plan guidelines cannot be met, then a plan of survey will be required.

The easement will cease to exist once the lease is terminated.

Publish date: October 2023