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

Carry over term in a lease

A carry-over term extends the term of a lease beyond the stated date of expiry by a periodic term, e.g. 'Expires ... and thereafter from year to year'. As the expiry date is unascertainable a lease with a carry-over term cannot be expired in the usual manner and must be surrendered or determined.

Holding over provision in a lease

A holding over provision contained within a clause in the lease allows the lessee to remain in possession of the property even though the lease has expired. The lease will be removed from the Torrens Title Register on expiry.