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 resulting in a merger

If a transfer by the registered holder of the WAL or of a registered mortgage or charge results in the registered holder and the mortgagee or chargee becoming one and the same person holding both in the same capacity and:

  • the registered mortgage or charge is referred to as an encumbrance in a letter attached to the transfer, the transfer will be registered and the mortgage or charge will remain on the WAL folio or
  • the registered mortgage or charge is not referred to as an encumbrance in a letter attached to the transfer, a 28 Day Notice of Intended Registration form 10-0180 will be sent to the lodging party indicating that a Request To Record Action form W-11R to merge the WAL and mortgage or charge may be lodged.  If not lodged the transfer will be registered and the mortgage or charge will remain on the WAL folio.