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

Landward boundaries of roads and reserves abutting waterways and other natural features

Where a parcel of land is bounded by existing road or Crown reservation of stipulated width (for example, a 30.48 metre wide reserve) abutting tidal waters, non-tidal lakes and streams or other natural features, the landward boundary remains fixed in the position defined at the date of the Crown Grant. The boundary does not move parallel with any subsequent movement of the bank (or other natural feature) through accretion and/or erosion see McGrath v Williams (1912) 12 SR (NSW) 447.

Plans redefining the landward boundary of these roads or reserves by survey for the first time must, in accordance with clause 45 Surveying and Spatial Information Regulation 2017:

  • define the landward boundary by straight lines in a position approximately parallel to the position of the bank (or other natural feature) as originally defined,
  • show the position of the bank (or the natural feature) as originally defined (this is not required for tidal waters),
  • show the position of any existing road formation or fencing (this is not required for tidal waters).

If the landward boundary is relative to non-tidal waters or other natural feature, it is not required to place boundary marks on this boundary. If marks are not placed, a reference mark must be placed at each terminal and at intervals of not more than 1,000 metres along the boundary. See clause 45(2)(d) Surveying and Spatial Information Regulation 2017.

NOTE: Terminals of a road include road intersections, terminuses and intervening side boundaries held in separate ownerships.

Minister’s approval

Clause 45(3) Surveying and Spatial Information Regulation 2017 requires approval of the relevant Minister to boundaries that have been defined by survey for the first time in accordance with clause 45(1) or 45(2).

A statement evidencing the approval should be endorsed on a copy of the plan and accompany the original when lodged for registration. The statement should include reference to the related Crown Lands file number see Approvals and consents to natural boundaries.

See also Surveyor General’s Direction No. 6 (Water as a Boundary).

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