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

Road definition

The boundaries of all roads shown in the survey should be re-established by connection to available undisturbed marks and/or monuments shown in plans on public record.

NOTE: This is not an exhaustive list and only covers the most commonly encountered situations.

Definition of aligned roads

Where roads have been aligned or re-aligned, the marks (APs, ASs and IPs see NOTE below) placed in the alignment plans must, if undisturbed, be used to redefine the kerb lines and building lines of the road. Wherever possible the marks in the kerb line on the same side of the road as the survey should be used, rather than the marks in the opposite kerb line. Alignment marks should, in general, only be used to define the road in which they were placed. Connections from marks found in intersecting side roads should not be used without additional corroborative evidence.

The widths of the carriageway and footpaths should be added to the face of the plan (see clause 12 Conveyancing (General) Regulation 2018) in the format:

(3.66 - 12.8 - 3.66) or (Aligned 3.66 - 12.8 - 3.66)

NOTE: Alignment Post or Pin (AP), Alignment Stone (AS), Iron Pin (IP)

If the alignment marks have disappeared, the position of the kerb line can often be re-established with the aid of the relevant field book. If existing buildings are shown in the field book with a connection to the alignment they can be used to re-establish the kerb lines by radiation. Alignment field books are currently held by State Archives. Initial inquiries should be directed to info@records.nsw.gov.au.

It is also possible to use the field books of the sewerage detail surveys made by NSW Public Works Advisory (previously known at different times as Department of Public Works, Public Works and Services, Department of Commerce) in Sydney and Newcastle/Maitland. Field traverses in these old surveys often contain radiations and measurements to alignment marks, kerbs, buildings and other features. Detail field books are held by Sydney Water (Sydney region) and State Archives (Newcastle/Maitland region). Initial inquiries should be directed to archiverequests@sydneywater.com.au or info@records.nsw.gov.au in each case.

If all evidence relating to the street alignment and the kerbs has been destroyed or is unavailable, the street should be fixed from existing reference marks, monuments etc that can be linked to original alignment marks through current and historical plans on public record. In these instances, the surveyor should note on the plan that all the original kerbs, alignment marks etc. have now gone.

NOTE: Old sandstone kerbs in the metropolitan area were often laid on or close to the kerb line. However, as councils sometimes lift and relay stone kerbs, their value as monuments can be destroyed. Neither this type of kerb nor any other should be adopted for a road fixation without supporting evidence.

Definition of non-aligned roads

Under the provisions of Ordinance 32 (now repealed) Local Government Act 1919, permanent marks were required to be placed at bends, intersections, tangent points and other stipulated locations to define the position of new (non-aligned) roads opened under that Act. The earliest plans show only a symbolic circle and the notation 'PM' at the position of each placed mark, without a connection by bearing and distance to the corner that they reference. Later plans may show a distance connection alone.

In these cases, the position of the corner can be re-established according to the date of the plan as set out below:

  • 23 June 1920 to 30 June 1933: 1.065m (42") rectangular offset
  • 1 July 1933 to 29 October 1964: 0.455m (18") rectangular offset

Permanent marks were placed at rectangular (90°) offsets from the street alignment at the nominated distance for road intersections, tangent points and splay corners. Marks were placed at the intersection of lines parallel to the two street alignments and offset the nominated distance for angle points in a continuous road.

From 30 October 1964, Ordinance 32 was further amended to allow permanent marks to be placed where suitable within 7.62m (25’) from the point of reference. Requirements of earlier legislation, including that the marks must be placed at rectangular offsets and parallel to the street alignment, became recommendations only from this date. The bearing and distance from the mark to the point of reference had to be clearly stated on the plan.

NOTE: A permanent mark placed in accordance with Ordinance 32 Local Government Act 1919 took the form of a concrete block, iron pipe, iron rod or plug in rock. Later editions also allowed for drill holes & wings placed in pairs. Such marks are today defined as reference marks by Schedule 3 Surveying and Spatial Information Regulation 2017. They should not be confused with permanent survey marks as defined by Schedule 4 of that Regulation, even though both will include the PM abbreviation on the plan.

For current road marking requirements, see Reference marks for new roads page.

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