In late 2016, there was a move towards converting the paper Certificates of Title to electronic records held either at the Land Titles Office or by an interested party. The majority of major banks converted all Certificates of Title held by them to electronic.
When dealing with property in Victoria (eg. transferring, subdividing or consolidating titles), the Certificate of Title, if in circulation or alternatively, control of the electronic title needs to be produced to the Land Titles Office. Given that it may be some time since you last dealt with your Certificate of Title, it is not uncommon for paper certificates of title to become lost or misplaced.
If this is the case, your Certificate of Title must be replaced. To replace the Certificate of Title, an application to the Land Titles Office can be made for a replacement. In making this application, various enquiries need to be made with the relevant authorities, depending on where the title is last recorded as being issued (ie to a bank, to a solicitor or to yourself).
Can I do the application myself?
An application for a replacement Certificate of Title involves preparing various documents as required by the Land Titles Office. This includes drafting and executing various statutory declarations based on the outcome of enquiries with the prior bank, solicitors or other relevant authorities that may have held the Certificate of Title. Once drafted, the application will then need to be submitted to the Land Titles Office for assessment. As such, we always urge our clients to seek legal advice from a lawyer to ensure that the statutory declarations are prepared correctly and that the appropriate avenues are followed.
How do I know if I have a paper title or an electronic title?
A Register Search Statement will indicate who has control of the electronic Certificate of Title. However, this does not reveal the location of the paper Certificate of Title. To (hopefully) locate the paper Certificate of Title, we would first undertake an “Issue” Search at the Land Titles Office. This will tell us where the title was sent to when first issued. However, if this named party no longer holds the paper Certificate of Title, then an application for a Missing, Lost or Destroyed Certificate of Title may be required.
How long does the application take to prepare?
Applications for a replacement Certificate of Title can vary in time depending on the evidence required.
If the original Certificate of Title was last issued to the bank, it is required to obtain a Statutory Declaration from the bank confirming that they no longer retain the original certificate of title.
If the original certificate of title was last issued to a previous solicitor’s office or you believe it to be held there, we would need to make contact with the office to confirm they no longer hold the original certificate of title.
We can assist you with establishing what evidence is required to be provided to the Land Titles Office.
The application process can take anywhere between 2 – 12 weeks depending on the cooperation of the relevant parties.
ASAP Lawyers regularly accept instructions and can assist with Applications for Missing, Lost or Destroyed Titles. Contact us on 03 9450 9400 to discuss your matter further.