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

Transfer reserving an easement appurtenant to the land of a third party

A transferor can reserve an easement appurtenant to the land of a third party, e.g. X owns lots 1 and 2 and transfers lot 2 to Y reserving an easement over lot 2 appurtenant to lot 3, that is owned by Z. The full name of the registered proprietor of the dominant tenement must be stated in Schedule Two. The Schedule must be signed by the registered proprietor of the dominant tenement and the signature must be witnessed.

Any such transfer is a multiple instrument.