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

What does this notification mean?

'Interests recorded on register folio CP/SPXXXX'

The purpose of the Second Schedule on the folio of the Register for a lot in a strata scheme is to record any encumbrances that directly affect the lot (eg mortgage, lease).

However, there are possibly other encumbrances and issues that affect the land on which the strata scheme exists which, while not shown on the folio for the lot, may affect the lot, eg:

  • easements that were in existence before the strata plan was registered and which burden or benefit the strata parcel
  • restrictions on the use of the land affecting the strata parcel
  • Strata Management Statement or Development Contract that may apply to the strata scheme.

Notifications referring to the above are recorded in the Second Schedule of the folio of the Register for the common property.

The common property title also includes other important information on the strata scheme including:

  • Schedule of Unit Entitlements
  • The current Address for Service of Documents on the Owners Corporation
  • By-Laws that apply to the scheme.

The purpose of the notification ‘Interests recorded on register folio CP/SPXXXX’ is to direct attention to these encumbrances and information that are recorded on the common property title.

So that all relevant interests are identified, a search of the folio of the Register for the common property should always be performed when searching for folio information for the strata lot.

Publication Date: May 2024