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

Natural boundaries

Boundaries shown on deposited plans are categorised as either natural or artificial. Natural boundaries are those presented by nature. They may be defined by the shoreline of lakes or the sea, the banks of rivers and streams, or by other natural features such as a cliff face or ridgeline. The types most commonly used for parcel definition are:

  • Riparian boundaries:  The banks of rivers and streams.
  • Littoral boundaries: The edges of lakes, lagoons and the coastline.

The survey definition of natural boundaries should be in accordance with the provisions set out in Part 2 Surveying and Spatial Information Regulation 2017.

The doctrine of accretion and erosion applies to boundaries of tidal lakes and both tidal and non-tidal streams and waterways.

The position of tidal boundaries (MHWM) should be shown on the plan in the usual manner in accordance with provisons in Surveying and Spatial Information Regulation 2012.

When a plan of survey contains non-tidal boundaries the current position of the bank should be examined by the surveyor and compared with the boundary as defined by the Crown survey.

Most alterations to the position of the MHWM or the original definition of the bank of a non-tidal stream will require the approvals and consents to natural boundaries.

Landward boundaries of roads and reserves abutting waterways and other natural features do not move parallel with any subsequent movement of the bank through accretion and/or erosion.

Special provisions apply for rivers forming NSW state boundaries.

For more information for Plans and Titling contact plan-info@nswlrs.com.au

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

Publish date: December 2023