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

Remove caveators consent

The caveator's consent notification is removed from the WAL folio upon removal of the caveat or the registered interest to which the caveator has consented.

A caveator who consents to the registration of a WAL dealing also consents to the exercise of any powers the registered parties of that dealing may acquire. For example, a caveator who consents to the registration of a mortgage cannot prevent the mortgagee from transferring, mortgaging, discharging or exercising power of sale under the mortgage.  Note  A variation of a registered mortgage is prohibited even though the caveator may have consented to the registration of the mortgage.

Staff processing information

Refer to SD31.

Registration procedure - SD6

Removal of caveator's consent (necessary when removing the WAL dealing to which the consent relates)

ADD. TRANSACTION    OFF

PRIME CODE    code of caveat as shown on the WAL folio

PRIME NO.    number of caveat

SUB CODE    code of caveator's consent

SUB NO.    number of caveator's consent.