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Titles – VIC

30 July 2024 by By Lawyers

From 3 August 2024, all titles to land issued by the Registrar of Titles in Victoria will be electronic.

Existing paper certificates of title (pCT) remain valid until they are replaced with electronic certificates of title. This will occur when they are next produced for a conveyancing transaction. On registration of any transaction requiring a certificate of title, whether lodged as paper or electronically, an electronic certificate of title (eCT) will be issued.

Paper will no longer be an available format in the Issuing Instructions section within an Electronic Lodgment Network such as PEXA.

The procedures around the production of paper certificates of title remain unchanged. If a property has an existing paper certificate of title, the document must be produced for lodgment when conducting a paper transaction.

For an electronic transaction, an existing paper certificate of title must be converted to an electronic certificate of title for lodgment. This is done by way of an Administrative Notice – Convert to pCT and Nominate to Lodgement Case in a workspace. The paper certificate of title is no longer required, and the subscriber must destroy or invalidate the certificate of title. Supporting evidence for electronic instruments must be retained for at least seven years, as per the Model Participation Rules.

On registration of a paper transaction, eCT Control will be held by the Registrar. On registration of an electronic transaction, eCT Control will be determined by the rules outlined in the Business rules for determining eCT Control after a transaction from the Guide to Certificates of Title and Administrative Notices published by The Department of Transport and Planning.

The By Lawyers Purchase of Real Property (VIC) and Sale of Real Property (VIC) are being updated to reflect these changes.

Filed Under: Conveyancing and Property, Publication Updates, Victoria Tagged With: certificate of title, Conveyancing VIC, eCT, pCT, title

Duplicate certificates of title abolished – WA

22 August 2023 by By Lawyers

Duplicate certificates of title have no effect in Western Australia from 7 August 2023. Duplicate titles or duplicate certificates were also known as paper titles or title deeds.

Under the Transfer of Land Amendment Act 2022, duplicate or paper certificates of title were rendered invalid. They ceased to enjoy the status of a legal document from 7 August 2023. Paper certificates of title will no longer be issued or created by Landgate, nor required to register a dealing.

Verification of identity and establishing a right to deal with an interest in land are now the means of proving ownership. They replace possession or control of a paper certificate of title.

Full electronic conveyancing in Western Australia is one step closer thanks to these changes modernising land transactions.

If you do hold a paper or duplicate certificate of title, you do not need to return it to Landgate or destroy it. It will automatically be considered invalid from 7 August 2023. You can keep your duplicate certificate of title for display purposes.

One can obtain a record of your certificate of title through Landgate’s website through a title search. It will show you the most up to date information and any interests registered over the title.

The By Lawyers Western Australia Purchase of Real Property, Sale of Real Property, Lease, Mortgage, Probate, and Letters of Administration publications have been updated accordingly.

 

 

 

Filed Under: Conveyancing and Property, Legal Alerts, Western Australia Tagged With: certificate of title, duplicate title, electronic conveyancing, paper title, transition to electronic conveyancing

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