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.

Definition of aligned roads

Where roads have been aligned or re-aligned, the marks placed in the alignment plans (APs and IPs), if undisturbed, must be used to redefine the boundary 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 either the opposite kerb line or in intersecting roads. 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 - 40.155 - 3.66) or (Aligned 3.66 - 12.796 - 3.66)

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. These are available from Plan Records Branch, Crown lands. 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.

It is also possible to use the field books of the sewerage detail surveys made by Public Works and Services, Department of Commerce (previously Department of Public Works) in Sydney and Newcastle/Maitland. These field books are held by Sydney Water (Sydney region) and State Archives (Newcastle/Maitland region). Field traverses in these old surveys often contain radiations and measurements to alignment marks, kerbs, buildings and other features.

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. In these instances the surveyor should lodge a report indicating that all the original kerbs, alignment pins etc. have now gone.

Definition of non-aligned roads

Under the provisions of Ordinance 32 of the Local Government Act 1919 (now repealed) Permanent Marks were required to be placed to fix the position of non-aligned roads. However, some earlier plans show only the notation 'PM' without a connection by bearing and distance to a corner of the subdivision.

In these cases the position of the corner can be re-established according to the date of the plan.

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

Definition of kerbs

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 a monument can be destroyed. Neither this type of kerb nor any other should be adopted for a road fixation without supporting evidence.