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

Cross easements s181B Conveyancing Act 1919

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A transfer, except for a transfer by way of discharge of mortgage, of coal, of minerals, or of a statutory easement in gross, affecting a title with a 'Note (NB): Cross-easements (s181B) Between Lots ... May Apply', or words to that effect, must be referred to SM99.  The following points must be noted:

  • the transfer does not have to refer to the cross-easements
  • the certificate of title for the adjoining lot is not required
  • a caveat affecting the adjoining land will not prevent registration of the transfer and
  • a standard form of caveat on either tenement will not prevent recording of the cross-easements; the interest claimed must be examined. 

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [140.600].