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

Leases

Carry over term in a lease extends the term of a lease beyond the stated date of expiry by a periodic term.

 

Common law leases procedures and information.

 

Concurrent lease the rights of the current lessor pass to the lessee of a concurrent lease.

 

Determination of lease by frustration a lease may be determined without notice under common law rules.

 

Determination of lease by notice a lease may be determined by notice pursuant to an express provision in the lease.

 

Determination of lease by re-entry lease may be determined by the re-entry of the lessor.

 

Existing lease and incoming lease information, procedures and processes.

 

Expired lease information, procedures and processes.

 

Expired lease removal where lease has been carried forward as a subsisting interest a Request form may be lodged to expire the lease.

 

Implied surrender of lease a current lease noted on the Register may be surrendered by an incoming lease.

 

Lease form 07L preparation, requirements and procedures.

 

Lease by a life tenant will be registered on the folio for the life estate where a separate folio exists.

 

Lease by a mortgagee in possession a mortgagee in possession of the land may grant a lease.

 

Lease by a reserve trust to be used where the lessor is a reserve trust.


Lease Folio leases for shopping complexes, office buildings and retirement leases special format New Form manual folios created in some instances for shopping complexes, office buildings, retirement villages etc.
 

Lease of land for common property or association property it is NSW LRS practice to treat leases as interests in the land and record them in the Second Schedule where possible.

 

Lease registered before N series dealing numbers information and procedures.

 

Leasehold estate folios it is NSW LRS practice to treat leases as interests in the land and record them in the Second Schedule where possible.

 

Merger of lease, mortgage or charge request to remove registered interest.

 

Mortgage of lease, mortgage or charge form 05ML, information, processes and procedures.

 

Sublease form 07SL preparation, requirements and procedures.

 

Surrender of lease form 07DL preparation, requirements and procedures.

 

Surrender of lease by operation of law may occur where lessee has left premises in such a manner as to imply a surrender of the lease.

 

Termination of retirement village lease on satisfaction of the requirements set out in s129(2) Retirement Villages Act 1999.

 

Variation of electricity network assets lease information, procedures and processes

 

Variation of lease form 07VL preparation, requirements and procedures.