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

Land description panel

The current reference to title must be stated on all dealings.

Note  Only the current folio reference is required. The unnecessary inclusion of prior folio references should be avoided as this can be misleading.

Where a dealing affects part only of the land in a folio of the Register, the part must be fully described. 

For each 20 folio references or part thereof in excess of 20, an extra lodgment fee is payable. Where there is no sufficient space on the panel, attach an annexure with up to 20 references on each page.

Staff processing information

A reference to folio may be updated only when:

  • the dealing refers to a manual folio that has been converted to a computer folio but the computer folio has not yet issued or
  • a new folio has been created after lodgment and before registration of the dealing.

In all other circumstances, where the current reference is not stated or where an incorrect reference is stated the dealing is not acceptable. If the dealing has been accepted for lodgment a requisition must be raised in the following terms: 'The reference to folio requires updating/revision'. 

A dealing affecting part of the land must be forwarded to SM99 in all instances with the following e-minute:

'For check of description.

For preparation of new folios if appropriate',

except where the part of the land referred to is:

  • wholly comprised in a current folio of the Register referred to in the Land Description panel, or
  • the whole of a lot or lots in an auto consol folio and the dealing does not change the ownership of the land. The dealing will be registered in the Second Schedule as ... of/affecting Lot(s) ... in DP....

Note

  • only the current reference to folio requires investigation. Reference to prior folios etc may be ignored.
  • all dealings affecting manual folios, including those to be referred to SM2 or elsewhere, must be directed initially to SM1 for noting of the dealing on the Register