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

Examples of stratum boundaries

All dimensions not related to stratum or necessary to portray the intent of the following examples have been intentionally omitted from the diagrams.

Example 1

A shop at road level (lot 1) extends horizontally at first floor level above another shop (lot 2) and is also limited in height and depth by other stratum lots.

Front elevation

Front elevation

Plan view

Plan view

Lot 1 is the stratum lying between horizontal planes at R.Ls 10.5 and 16.5 and includes the land above lot 2 to a horizontal plane at R.L. 16.5

Lot 2 is the stratum lying between horizontal planes at R.Ls10.5 and 13.5

Lot 3 is the stratum lying above lot 1 and is unlimited in height.

Lot 4 is the stratum lying below lot 1 and 2 and is unlimited in depth.

Example 2

Example showing where the use of elevations, cross-sections and levels may or may not be required to define stratum.

Plan view lot 1

Plan view lot 1

The diagram requires elevations, cross sections and levels to identify the plane.

Lot 1 is the stratum lying between horizontal planes at R.Ls 10.5 and 16.5 on Australian Height Datum.

Lot 2 is the stratum above and below Lot 1 and is exclusive of that lot, but is otherwise unlimited in height and depth.

Plan view lot 2

Plan view lot 2

The diagram does not require elevations, sections or levels.

Lot 1 is the stratum lying above a regular plane as identified in the plan hereon and is unlimited in height.

Lot 2 is the stratum lying below Lot 1 and is unlimited in depth.

All levels are related to Australian Height Datum.

Example 3

Example showing where a lot may be completely enclosed within the stratum of another lot.

Plan view at road level 1

Plan view at road level 1

Front elevation of lot 1

Front elevation of lot 1

Rear elevation of lot 1

Rear elevation of lot 1

Side elevation of lot 1

Side elevation of lot 1

Lot l is the stratum lying between inclined planes as identified in the plan hereon.

Lot 2 includes the stratum lying above and below lot 1 and is exclusive of that lot, but is otherwise unlimited in height and depth.

All levels are related to Australian Height Datum.

Example 4

Example showing the use of an isometric model.

Plan view at road level

Plan view road level

General view above R.L.35.66 and below R.L.14.02

General view above RL35.66 and below RL14.02

Cross-section 'A' - 'A'

Cross-section A - A

3D isometric model of lots 2 - 5

3D isometric model of lots 2 - 5

Lots 2 and 5 comprise the stratum lying between horizontal planes at R.Ls 14.02 and 24.995.

Lot 4 is the stratum lying between horizontal planes at R.Ls 14.02 and 35.66.

Lot 3 is the stratum lying between a horizontal plane at R.L.14.02 and a regular inclined plane as identified in the plan hereon.

Lot 6 is the stratum lying above and below Lots 2, 3, 4 and 5, and is exclusive of those lots, but otherwise unlimited in height and depth.

All levels are related to Australian Height Datum.

Example 5

The general shape and nature of the stratum may necessitate more than one cross section or plan view to describe the stratum of each lot.  The number of cross sections required may be reduced by incorporating suitable words in the statement box. The following example is of a railway tunnel, but it would be applicable to any like matter.

Plan view at road level

Plan view at road level

General plan view showing lot 1

General plan view showing lot 1

Cross section 'A' - 'A'

Cross section

The statement for a straight tunnel may be:

Lot 1 is the stratum lying between inclined planes as identified in the plan hereon.

Lots 2 and 3 comprise the stratum above and below the relevant part of lot 1 and are exclusive of that lot, but are otherwise unlimited in height and depth.

All levels are related to Australian Height Datum.

The statement for a curved railway tunnel may be:

Lot 1 is the stratum lying between regular inclined planes as identified in the radial cross section shown in the plan hereon.

Lots 2 and 3 comprise the stratum above and below the relevant part of lot 1 and are exclusive of that lot, but are otherwise unlimited in height and depth.

All levels are related to Australian Height Datum

Example 6

Example showing an acceptable method of defining stratum by inclined planes.

Plan view of lot 1 between R.L.s 34.9 and 40.3

Plan view of lot 1 between RLs 34.9 and 40.3

Plan view of lots 2 and 3 above R.L. 44.9

Plan view of lots 2 and 3 above R.L. 44.9

Plan view of lots 4 and 5 above R.L. 30.3

Plan view of lots 4 and 5 above R.L. 30.3

Cross section 'A' - 'A'

Cross section

Lot 1 is the stratum lying between regular planes horizontal along lines at right angles to section line 'A' - 'A' and inclined otherwise as identified in the plan hereon.

Lots 2 and 3 comprise the stratum lying above lot 1 and are unlimited in height.

Lots 4 and 5 comprise the stratum lying below lot 1 and are unlimited in depth.

All levels are related to Australian Height Datum.