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

Implied surrender of lease

A current lease noted on the Torrens Title Register may be surrendered by an incoming lease if the new lease:

  • is to all of the current lessees, or is accompanied by:
    • a Surrender of Lease form 07DL as regards those lessees not included in the incoming lease or
    • the consent of the current lessee
  • affects at least the same land or premises
  • commences before the expiry of the current lease and
  • is not made subject to the current lease.

An extra fee is payable for the implied surrender.