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

Railway boundary definition

Inconsistencies often exist in the definition of a railway boundary as shown on the diagrams on old certificate of title (usually a series of curves of specified arc lengths, chords and radii) and as defined in a new deposited plan of survey (usually a series of straight lines adopting the railway fence).

The original curved boundaries of the railway were calculated at a set distance from the centreline of the track however due to subsequent reconstruction of the track since the date of original construction the position of the original boundary may be lost. However, the Government Railways Act 1912 and later Acts confirm ownership by State Rail (and its assigns) of the strip of land between the railway fences.

Consequently, where doubt exists as to the position of a railway boundary, the definition shown in a new deposited plan of survey must:

  • adopt the position of the railway fence, and
  • have the consent of the State Rail Authority (or equivalent body).

For further information regarding railway boundary consents - see Consents to railway boundaries page.