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

Linear and artificial boundaries

Boundaries shown on deposited plans are categorised as either natural or artificial. Artificial boundaries may be linear boundaries, such as the lines defining roads or subdivisions, or they may be monuments such as buildings or walls.

All linear and artificial boundaries must be represented on the plan as either right lines (bearings & distances) or regular arcs of a circle of fixed radius (radius, arc length, chord bearing and distance). Irregular curved boundaries (ellipses, parabolas etc.) will not be accepted.

In order to re-establish the boundaries of the lot it is necessary to:

  • refix the road(s) fronting the lot

  • relocate the side and rear boundaries using all available marks, monuments and occupations.

The boundaries of the lot should be relocated in the same position as they were defined in the base plan. If a resurvey indicates that some of the information shown in the base plan is incorrect, sufficient evidence supporting the new definition should be included in the new plan. It may be necessary for the surveyor to supply a report setting out the method used in defining the boundaries of the parcel.

For further information on boundary definition - see Some Aspects of Title Boundary Location in NSW Hamer, 1967.

Monuments such as buildings, walls or other permanent structures shown in a registered plan or described in a deed between the parties may be used as a fixed position when defining boundaries.
Road definition boundaries should be re-established by connection to available undisturbed marks and/or monuments.
Railway boundaries must be re-established using existing plans on public record or bear the consent of Transport for NSW (or equivalent body).
Relocation of boundaries must be undertaken in consideration of the rule of abuttals and the effect of alignments, excesses or shortages in measurement. Boundaries may be defined from occupations alone or by physical feature(s).
Plans of redefinition may be required where information shown on a current plan is unreliable or incomplete.
For more information contact plan-info@nswlrs.com.au