Change To The Law – Certificates Of Title In Queensland

The Queensland Government has recently passed laws which will effectively end the legal effect and status of Certificates of Title (title deeds) issued with respect to land in Queensland.

Key Takeaways

• Paper Certificates of Title in Queensland no longer have legal effect for land dealings from 1 October 2019.
• Queensland has operated an electronic titling system for many years, which has reduced the practical need for paper title deeds.
• Holding a paper Certificate of Title as security no longer prevents further dealings with land from being lodged.
• Copies of property title information can still be obtained through Titles QLD, including online through OTIS.
• Anyone relying on a paper Certificate of Title as security should seek legal advice about how the law change affects their position.

Certificate of Title No Longer Needed

Queensland has operated an electronic titling system for many years now, however, a paper title deed could still be sought for various purposes if the proprietor requested that one be issued.

The primary purpose associated with obtaining a paper Certificate of Title was to prevent further dealings with the land from being lodged (such as a transfer of title, and registration of leases, mortgages and certain charges) without the paper Certificate being deposited with that dealing.

A secondary purpose was that the paper Certificate of Title could be held by a lender or charge holder as a type of security to ensure that a proprietor of land complied with its obligations (such as repayment of a debt).

From 1 October 2019, the paper Certificate of Title will no longer need to be lodged to enable dealings with land to be lodged and registered, effectively ending the legal status of the documents.

We would, therefore, expect that reference to a paper Certificate of Title having been issued will be removed from the Titles Register altogether.

How do I get a copy of my Property Title in Queensland?

You can purchase title searches, images of survey plans and title documents online, in person or by phone. See the Titles QLD website.

Online Title and Image Searches (OTIS) is the easiest, fastest and most convenient way to obtain a search from Titles Queensland.

Seek Legal Advice

Parties who hold paper Certificates of Title as a form of security should urgently seek legal advice as holding the certificate as security will no longer have any effect from 1 October 2019.

Certificates of Title will not be issued by the Titles Office after 1 October 2019.

If you have a paper Certificate of Title, you will be able to keep it for historical or sentimental reasons if you wish.

For further information or legal advice, you can talk to the Property Lawyers and Conveyancing Lawyers here at ABKJ.

Contact Us

Please do not hesitate to contact the expert Gold Coast Lawyers at ABKJ on (07) 5532 3199 send us an enquiry online.

Frequently Asked Questions

What changed in Queensland law regarding paper Certificates of Title (title deeds)?

Queensland has transitioned to a fully electronic conveyancing system. As part of this reform, paper Certificates of Title no longer have any legal status or role in property transactions.

Ownership of land and registered interests are now determined solely by the electronic register maintained by the Titles Registry. 

From what date did paper Certificates of Title stop having legal effect in Queensland?

Paper Certificates of Title ceased to have legal effect from 1 October 2019. From that date, the electronic register became the single source of truth for land ownership and interests in Queensland.

Will the Titles Office still issue paper Certificates of Title after the law change?

No. The Titles Registry no longer issues paper Certificates of Title. 

All title information is now created, stored, and accessed electronically, and any searches or dealings with land are conducted through the electronic system.

If I’m holding a paper Certificate of Title as “security,” does it still protect me?

No. Holding a paper Certificate of Title no longer provides any legal protection or enforceable security interest. Under the electronic system, only registered interests are recognised. Parties relying on paper titles should ensure their interest is formally registered.

How did paper Certificates of Title previously restrict dealings like transfers, leases, and mortgages?

Before the reform, the original paper Certificate of Title was generally required to register most dealings, including transfers, mortgages, and leases. 

As a result, a person holding the paper title could effectively prevent or delay transactions by refusing or failing to produce it. This created a practical form of control over the land, even without a registered interest.

How do I obtain a copy of my property title in Queensland now?

Property title information is now obtained by conducting an electronic search through the Titles Registry.

A current title search will show the registered owner and any recorded interests, providing an up-to-date and legally recognised record of the property.

What should lenders or charge holders do if they currently rely on a paper title as security?

Lenders or other parties who previously relied on holding a paper Certificate of Title should register their title interest. Without registration, their interest may not be enforceable against third parties. 

Can I keep my paper Certificate of Title for historical/sentimental reasons?

Yes. While paper Certificates of Title no longer have legal effect, they may still be retained for personal, historical, or sentimental purposes. However, they should not be relied upon as evidence of ownership or as a form of security.