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

Leases affecting roads

Leases affecting part of a public road

A roads authority may lease land comprising a public road to the owner or lessee of land adjoining the public road, see s.153 Roads Act 1993 if, in its opinion, the road is not being used by the public. The term of a lease, together with any option of renewal must not exceed 5 years.

Crown road or land acquired by the Roads and Maritime Services (RMS) for the purpose of road widening may not be leased in this manner.

The RMS may lease land acquired for road widening. The term of the lease together with any option of renewal must not exceed 10 years.

Note  A lease may be terminated by the roads authority at any time.

Leases affecting stratum above or below a public road

A roads authority may lease the air space above, or land below the surface of any public road (other than a Crown road) that is owned by it, see s.149 Roads Act 1993. The site should be fully defined (both horizontally and vertically) in a deposited plan registered in NSW LRS.

Such a lease may not be granted by a roads authority, other than the RMS, except with the approval of the Director General, Department of Planning. Approval will not be given if the granting of the lease would be inconsistent with the rights of passage and access that exist with respect to the road.

Note  The term of the lease, together with any option to renew, must not exceed 99 years.

For more information see Leases - affecting roads page.