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

Notifications on the WAL folio

All notifications shown on the Register must be considered when searching or dealing with a Water Access Licence. Where possible, notifications that no longer effect the folio will be removed with the registration of a dealing, e.g. term transfers, repealed legislation etc.

Forms of notification

The following guidelines are used for entering notifications on a title:

  • shares are shown with a common denominator where practical

  • a proprietor holding the whole of an estate or interest in different capacities is only shown once and reference is not made to the different capacities

  • trade names are not shown

  • trusts and superannuation funds are not shown unless they are a registered company etc. or a religious body

  • titles, honorifics, awards and qualifications are not shown

  • the words “a minor” is included in brackets after the minors name, e.g. 'Peter Allen (minor)'. Reference to the minority is removed with registration of a dealing after the person reaches 18 years of age

  • 'junior' or 'senior' is added in brackets after the name if shown on the dealing.


Notifications not appearing on the Certificate of Title

Computer folio

An asterisk - * - appearing next to any notification code in the Encumbrances of a computer folio of the Register indicates that the notification does not appear on the certificate of title. If the notification would normally appear on the certificate of title it is automatically carried forward upon the issue of the next edition of the title.

Removal of notifications

On registration of any dealing the following notifications will be removed from the Encumbrances of the folio of the Register.  
NOTE: The notification codes and wording used for computer folios may vary:

PM Postponement Of Mortgage. Priority Now ... only if all of the affected mortgages are discharged or priority ceases due to the discharge etc of an affected mortgage.

Staff processing information

Order of Court, Injunction

Where an Order of Court or injunction is recorded on the Register refer the case to NSW LRS’ Legal Division.
 

Publish date: September 2024