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


Clause 5 Surveying and Spatial Information Regulation 2017 defines a monument as “a natural or artificial object, or a point on a natural or artificial object, that is shown on an existing survey plan held by the Registrar-General or a public authority for the purpose of locating or relocating a boundary or a point in a survey”.

For a building, wall or other permanent structure to be acceptable as a monument for the purpose of defining a title boundary, it must be shown in the registered plan or described in the deed between the parties that created the boundary. The relationship between the monument and the boundary must be shown or described in the plan or deed. 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.

Terms such as ‘Centre of Party Wall’ or ‘Face of Wall’ may be used on plans to identify the relationship of a monument to the boundary. Unless the surveyor indicates (by adding suitable connections, offsets and statements) that the wall as shown or described 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, and their adoption should be supported by other corroborative evidence. The age and nature of the fencing is important and should be shown on the plan when used to define the position of a boundary.

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