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 Old System land

A transfer reserving an easement where the dominant tenement is Old system land may be accepted provided that:

  • the reference to the transferor in Schedule Two is amplified to read 'the transferor or such other owner of an estate in fee simple in the dominant tenement described below' and
  • the dominant tenement is described by reference to an instrument registered in the General Register of Deeds.