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

Signing by minors (person under 18 years of age)

Subject to certain conditions outlined below, when a minor is subdividing or dealing with land, the document may be executed by:

  • the minor
  • the minor's parents (both of them), subject to certain conditions (see below)
  • only one parent, a guardian or by a person or persons in some other capacity, subject to certain conditions (see below) or
  • a solicitor representing a minor, provided the instrument is in favour of the minor, i.e. the dominant tenement of an easement, subject to certain conditions (see below).

The execution should include their full name and date of birth, e.g. ... (full name of minor) ..., a minor born on ... (date of birth) ....

Any document involving a minor

Any document involving a minor:

  • should be authorised by a Court Order or

  • should be authorised by a law or

  • should be supported by a certificate given by:

    • an independent solicitor or

    • the NSW Trustee and Guardian, under either section 28 or section 29 Minors (Property and Contracts) Act 1970, respectively, depending on whether the minor is acquiring or disposing of an estate or interest in land.

The certificate should also state that:

  • the minor understands the intention and effect of the document, and makes the dealing freely and voluntarily

  • when executed by both parents, should include a statement as to their capacity to sign as parents and

  • when executed by only one parent, a guardian or by a person or persons in some other capacity, should be supported by statements or declarations to explain the irregularity.

The Registrar General may require evidence or information to support the irregularity when instruments are signed under these circumstances.

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