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

Covenants

Extinguishment of obsolete restrictive covenant form 13RCE may be used by the registered proprietor of the servient tenement to extinguish a building materials, fencing or value of structures covenant that has been in effect for at least 12 years.

 

Extinguishment of obsolete restrictive covenant pursuant to s81J Real Property Act 1900 form 11R, used by the the registered proprietor of the servient tenement.

 

Positive covenant form 13PC may be used to create a covenant (i.e. an obligation to carry out a particular action) placed on land by a prescribed authority that requires the carrying out of a particular obligation by the registered proprietor.

 

Positive covenant affecting land vested in prescribed authority form 13PVP may be used to create a positive covenant by an order pursuant to section 88D Conveyancing Act 1919 by a prescribed authority.

 

Release or extinguishment of positive covenant form 13PRE may be used to release or extinguish a positive covenant.

 

Variation or modification of positive covenant form 13PVM may be used to vary a positive covenant or modify (by way of a Supreme Court Order) a positive covenant created by sections  88D or 88E Conveyancing Act 1919.
 

Published Date:  October 2024