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 of a road by a roads authority

The Roads Act 1993 empowers a road authority to lease the airspace above or the subsoil below a public road. It also empowers a road authority in certain circumstances to lease the land comprising a public road (other than a Crown Road). See also Leases affecting roads page which provides information on leases that affect part of a public road or the stratum above or below a public road.

NOTE: The fee of the road that will be subject to the lease may be Torrens title, Old System or Crown title, depending on what year and by what means the road was dedicated to the public.

If the fee comprises Old System or Crown title, it will be necessary to convert the land to Torrens title prior to registration of the new lease.

Publish date: December 2023