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

 

Charge pursuant to Local Land Services Act 2013

Pursuant to section 94 of the Local Land Services Act 2013 (NSW) (the ‘Act’), if Local Land Services carries out fencing work required by a fencing notice where the owner of the land has failed to comply with the notice, then Local Land Services may issue a compliance notice. The compliance notice will require the landowner to contribute to the cost of the fencing work which was carried out.

Local Land Services or any other person that gives a compliance notice may apply to the Registrar General for the registration of the fencing compliance notice in relation to the land for which it relates (see clause 2 Schedule 3 of the Act).

The Request must define the land to which it relates on a Request form 11R and be accompanied by a copy of the relevant compliance notice. On registration, a charge over the land is created (see clauses 3 and 4 Schedule 3 of the Act).

The Request does not require marking by Revenue NSW.
 
NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.

NOTE: The charge is subject to every prior mortgage, lease, or other interest recorded in the Register (see clause 5 Schedule 3 of the Act).

A charge under the Act may be cancelled by lodgment of a Request form 11R, referring to clause 4(1)(a) of Schedule 3 of the Act. The charge ceases to have effect on the first to occur of:

  • payment to Local Land Services or the person concerned of the amount in the compliance notice; or
  • on the sale or disposition of the property with the written consent of Local Land Services or the person concerned; or
  • on the sale of land to a purchaser in good faith and for value who, at the time of the sale, had no notice of the charge.

See clause 4(1) of Schedule 3 of the Act.

A person who acquires land, or an interest in land, after the charge is registered is deemed to have had notice of the charge.

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

Staff processing information

Refer all cases to Legal through the Senior Examining Officer.

 

Publication Date: March 2024