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

Monuments

To be acceptable as a monument a building, wall or fence must be shown in a registered plan or described in a deed between the parties which created the boundary. The relationship between the monument and the boundary must be shown. If undisturbed, the position of the monument can then be used to re-establish the boundary in a new plan and will prevail over the measurements set out in the base plan, title or deed.

'Party Walls' and 'Separate Walls' shown on plans also constitute monuments. Unless the surveyor indicates (by adding suitable connections) that the wall is not on the boundary it is accepted that the monument forms the boundary, irrespective of the bearing and distance along the wall shown on the plan.

Fences are not entirely satisfactory as monuments. To be accepted the location of fences should be supported by connection to a known point or by other corroborative evidence. The age of fencing is important and where used to determine the position of the boundary should be shown on the plan.

Pegs should not be given much weight in the relocation of the boundaries unless evidence is available that the peg found by the surveyor is an original corner mark and has not been moved or disturbed.