Title Deeds No Longer Required
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Lost your original certificate of title? No need to panic!
As of 1 October 2019, original paper Certificates of Title (also known as title deeds) do not need to be presented (or found!) in order to sell or deal with property.
Previously, where a paper Certificate of Title was issued for a property, it needed have been presented to the Queensland Titles Office in order to sell, mortgage or otherwise deal with the land in any way.
If the Certificate of Title was missing, dealings with the land could not proceed until a tedious process was followed which involved extensive enquiries, advertising and making statuary declarations as to the last known whereabouts of the Certificate of Title. As a result, missing certificates were previously an inconvenience for property owners and their Solicitors alike.
Now, if a Certificate of Title has been issued, it no longer has any legal effect and does not need to be presented and the property dealings will proceed as normal.
As a result of this change, owners are no longer able to request a paper Certificate of Title from the Queensland Titles Registry. These recent changes are another step forward with the Queensland Titles Office moving to a system of electronic and paperless titling.
If a property owner does hold a certificate of title, it is not required to be disposed of and it will not need to be destroyed or brought into the Titles Registry.
Please feel free to contact us on 07 5443 1800 if you have questions about how these changes will affect your property if you have a certificate title for your property issued.
The information in this document represents general information and should not be relied on for your specific circumstances. If you require legal advice and assistance on the matters contained or associated in this document you should contact MMLaw. Please contact one of our Conveyancing Team – Renita or Brigitte.
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The content published in this Blog is in the form of academic papers and the opinions expressed herein are generalised. The information provided is for educational purposes, not specific legal advice.
The application of any principles referred to can alter from case to case and accordingly you should seek independent legal advice in respect of your individual circumstances.