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

Easements

Cancellation of easement by happening of agreed event an easement may be cancelled if, in the terms of the grant of easement, the duration of the easement was limited.

 

Cancellation of easement by implied release an easement may be cancelled where evidence is furnished to show that altered circumstances imply a release of the easement.

 

Cancellation of recording of abandoned easement form 20EA, processes and information.

 

Cancellation or extinguishment of easement form 20ECE, information, process and procedures.

 

Cross easements request by registered proprietors that cross-easements be recorded on the folios of the Torrens Title Register.

 

Cross easements s181B Conveyancing Act 1919 staff processing information only.

 

Easement included in a lease, mortgage or charge on determination of a lease or satisfaction of a mortgage or charge, any easement included in the original dealing is also cancelled.

 

Merger of tenements an easement recorded on Torrens title land is not automatically cancelled if the dominant and servient tenements pass into the same ownership.

 

Modification of easement form 20EM, processes and information.

 

Positive covenant for maintenance repair of easement site may be created by the parties to a registered easement.

 

Request to amend a s88B instrument a Request form 11R to amend a registered s88B instrument will be accepted for lodgment.

 

Transfer granting easement form 01TG information, processes and procedures.

 

Transfer granting easement over own land form 01TO processes and procedures.

 

Transfer including easement form 01TE information and procedures.

 

Transfer of a statutory easement in gross form 01TY information and procedures.

 

Transfer releasing easement form 01TR used to release a registered easement.

 

Variation of easement form 20EV, processes and information.