What is a certificate of title?
A Certificate of Title provides documentary evidence of right of ownership.
When a person lodges a document for registration in relation to a property, if a paper certificate of title exists, it must be returned to the Titles Registry.
If the certificate has been lost or destroyed, the person will need to apply to dispense with its production before they can lodge a document for registration. This is especially important where an owner has entered into a Contract of Sale for the property as the process to dispense with the certificate of title can delay Settlement.
Dispensing with the production of a certificate of title
Before a person begins an application to dispense with the production of a certificate of title, the following information is required:
- Title details
- Certificate of title delivery details
- Statutory declarations
Title details and certificate of title delivery details
Any title details that are required can be found from the registration confirmation statement (RCS) that was sent when the title was registered in the person’s name. If access to this cannot be obtained, a current title search will also supply this information.
If a person needs to know who the certificate was last delivered to, there are two ways to go about finding out, depending on the date of issue:
- Certificates issued after April 24 1994 – use the dealing number on the current title search to request a copy of the application; OR
- Certificates issued before April 24 1994 – the dealing number on a historical paper title search to request a copy of the application.)
Providing statutory declarations
A person applying to dispense with the production of a certificate of title will need to provide statutory declarations from:
- All registered owners
- Every person who has had custody of the certificate of title since it was last delivered from the Titles Registry
However, if persons who have had custody of the certificate are not available to provide declarations an additional declaration from yourself or another person who knows the circumstance is needed. The statutory declarations are required to contain specific information and it may be necessary to obtain legal advice to ensure that they comply with the requirements.
If you have any questions relating to a certificate of title or if you need assistance because your certificate of title has been lost or destroyed, please contact our team for further assistance.
03 December 2018