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

Notations on the Register

All notations shown on the Register must be considered when searching or dealing with a title. Where possible, notations that no longer effect the folio will be removed with the registration of a dealing.

Notations: Note (NB)

The 'Notations: Note' field of a computer folio of the Register, or the equivalent marginal notation on a manual folio of the Register, is used for a wide range of reasons and must be considered when dealing with the title. Common Notes (NB) are:

'Cross-easements (s181B Conveyancing Act 1919) Between Lots ... May Apply'

Where a request to record the cross-easements is lodged, or an affecting dealing other than a fiduciary transmission application causes the titles for the lots specified to pass into different ownership, the cross-easements will be recorded.  Otherwise the Note may be ignored.

'DP... Note: Plan Is A Subdivision For Lease Purposes - s289K(3) Local Government Act 1919'

Any lease lodged must have a term not exceeding 20 years including any option of renewal. The lease must be accompanied by a letter requesting the issue of a folio of the register for the leasehold estate; no fee is payable.

'... PDP Proposed DP For Pre-lodgment Check'

May be ignored.

'... Further Enquiries To The Lands Office ... etc'

Remove with registration of a dealing.

Staff processing information

Any doubt as to the intention or affect of a Note (NB) should be referred to the Senior Examining Officer.

'DP... Note: Plan Is A Subdivision For Lease Purposes - s289K(3) Local Government Act 1919'

Refer the lease to SM99 for check of description, form of notification and preparation of draft CT for the leasehold estate. May be ignored in the case of other dealings.

'... Further Enquiries To The Lands Office ... etc'

A KD notification must remain on a folio of the Register for a Western Lands Lease until notified otherwise.

'Government Gazette [date, folio number, purpose etc]'

NSW LRS may query a dealing changing the ownership of or creating an interest in the land that is not in accord with the Government Gazette details. Any dealing removing or varying an interest noted on the Register will be registered if in order.

'Plan Is For Easement Purposes, Acquisition Purposes etc'

The Note is removed on registration of a dealing creating the easement etc.

'Certificate Of Title Not Issued. Lodged Dealings Must Be Accompanied By Prior Certificate Of Title'

NSW LRS may register a transaction against a folio of the Register without the certificate of title, e.g. resumption of part of the land. This Note is entered on the current edition of the folio of the Register for the residue and requires the original certificate of title to be lodged with a dealing affecting the residue.

Notations: (NBC) Permissive Occupancy

A Notation code NBC:

'This Folio May Be Associated With A Crown Tenure Which Is Subject To Payment Of Annual Rent.  For Further Details Contact The Local Crown Lands Office At [district]'

will not prevent the registration of any deaings.

Notations Note (NBU)

A Notation code NBU:

'Certificate of Title undeliverable. Currently retained in the Amendments Press, Quality Review Section, Ground Floor at NSW LRS. May be collected with appropriate evidence.'

Customer inquiries should be made at the Client Services Counter where the affected folio of the Register contains a Note (NBU), i.e. non-delivery of a Crown Grant or certificate of title.

Notations: Unregistered dealings and plans

The code and number of dealings and plans lodged but not registered are shown in the Notations: Unregistered Dealings field on computer folios and in the margin of manual folios of the Register. These are also known as 'delayed numbers' and must be considered when dealing with the title.

The following points must be considered:

  • all dealings must be connected before taking further action
  • cases involving folios showing delayed plan numbers must be referred to SM2 for further action. Note  This does not include plans referred to in the Notations: Note field
  • dealings in order may be separated from a case and registered if, and only if, the priority between the dealings is not disturbed and the delivery of any certificates of title does not affect the other unregistered dealings. Note  A common instance is sub-leases affecting part or premises where the title has not been produced. Any doubt must be referred to the Senior Examining Officer and
  • delayed numbers on manual folios must be manually updated.