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

Further caveat (s74O Real Property Act 1900)

Section 74O Real Property Act 1900 provides that a further caveat by the same caveator for the same estate or interest and based on the same facts as the earlier caveat is of no effect if the earlier caveat is:

  • subsequently lapsed
  • lapsed pursuant to a Preparation of Lapsing Notice form 08LX
  • withdrawn after lodgment of a Preparation of Lapsing Notice form 08LX
  • lapsed by a Court Order pursuant to section 74MA Real Property Act 1900 or
  • withdrawn by a Court Order pursuant to section 74MA Real Property Act 1900.

Customers are encouraged to contact NSW LRS if they have good grounds to suspect that a further caveat contravenes section 74O Real Property Act 1900.

A further caveat that is subject to the above conditions may be recorded if Item 2 in the statutory declaration set out at Marginal Note (K) of the Caveat form 08X has been deleted and the caveat is accompanied by:

  • a Supreme Court Order authorising its lodgment or
  • the consent of the registered proprietor or possessory applicant of the affected estate or interest (by completing Marginal note (L) in the Caveat dealing form).

NOTE: A further caveat with the same claim etc. may be recorded where the earlier caveat has been withdrawn, providing that the withdrawal was not lodged in response to lapsing action or pursuant to a Court Order under section 74MA Real Property Act 1900.

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

Staff processing information

If doubt exists the caveat should be referred to the Senior Dealing Examiner or Manager of Referred Dealings. If doubt still exists refer the caveat to Legal.

Publication Date: March 2024