A certificate of title is your official record of land ownership.  It contains a description of the land, lists the property owner, and lists interests and rights that affect the land.  This document is essential to have if you’re planning to sell your property since your conveyancer cannot complete the sale without it.

Thanks to an increasingly electronic world, it’s easier than ever to keep tabs on your certificate of title.  Some Australian states have already mandated that titles be held electronically by banks, lawyers or conveyancers on behalf of their clients, however there are still many paper titles in existence.  If a paper title is lost or destroyed, you will need to make an application for a new one to the Land Titles Office.  Without a copy of the title, you will be unable to obtain a mortgage or sell the property.

Your application to the Land Titles Office must be lodged via PEXA, the online property exchange used Australia-wide.  Several requirements need to be met in order to lodge an application for a new certificate of title:

• A statutory declaration completed by all registered proprietors listed on the title explaining why/how the title became misplaced or destroyed after Land Use Victoria issued it;
• A statutory declaration from the party that the certificate of title was last issued to (this would typically be your conveyancer’s law firm or a bank), detailing how they disposed of the missing certificate of title;
• A statutory declaration from any other party who had subsequent possession of the title after its issue (this might be your bank, law firm, yourself or another private party);
• A title issue search document showing whom the title was last provided to;
• A company search (if applicable)

All parties involved in a conveyancing transaction must also have their identity verified. When a conveyancer or lawyer represents a client, they are responsible for verifying the client’s identity.  If a conveyancer or lawyer does not represent a party to a conveyancing transaction, their identity will need to be verified by Australia Post.  Australia Post representatives will also need to bear witness to the signing of any conveyancing documents by an unrepresented party.

Applying for a new title can be a lengthy and complex process, especially if the title has been passed between hands numerous times.  Missing titles can mean lengthy delays for the sale of your property, so it’s absolutely vital that the application is correctly prepared and includes all necessary documents in order to minimise interruptions.  As a firm experienced  in property and conveyancing matters, Glaister Legal has extensive skill in making applications for the replacement of certificates of title.  Contact us today if you’re seeking assistance in making your application to the Land Titles Office and we’ll help simplify the process as much as possible.