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


Caveat form 08X may be used to prohibit a recording of a dealing or plan or granting of a Possessory Application.

Caveat noted on the Register may have an effect on the registration of a dealing.

Caveator's consent must be provided in order to allow for the registration of a Real Property Act dealing that is prohibited by the caveat.

Death of a registered caveator contains information and processes about what occurs when the caveator dies and the executor or administrator intends to continue with the claim.

Actions not prohibited by standard form of caveat contains information on actions by the Registrar General which will not be prohibited by the standard form of caveat.

Further caveat (section 74O Real Property Act 1900) by the same caveator for the same estate or interest and based on the same facts as the earlier caveat is prohibited unless certain criteria are satisfied.

Lapsing of caveat pursuant to sections 74H(6) and (7) Real Property Act 1900 when the estate or interest claimed by the caveator vests in the caveator upon registration of a dealing.

Notice of change of address for service of notices or name of caveator form 08CX should be used to update the name and/or contact address of the caveator.

Priority between caveats and dealings a caveat is effective from the time of lodgment and has priority over unregistered dealings that are not in registrable form.

Withdrawal of caveat form 08WX should be used to withdraw a caveat recorded on a folio of the Register.


Lapsing notices

Evidence of service of lapsing notice contains information regarding what evidence is required to establish that a lapsing notice has been properly served.

Application for Preparation of Lapsing Notice 08LX form should be used to lapse a recorded caveat.

Court order or injunction extending a caveat contains information and processes when the operation of a caveat is extended for a definite or indefinite period of time.

Publication Date: March 2024