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
Are paper Certificates of Title still required in Queensland?
No. The article explains that from 1 October 2019, paper Certificates of Title no longer need to be lodged for dealings with land to be lodged and registered.
Can a paper Certificate of Title still be used to stop dealings on land?
No. One of the former practical purposes of a paper Certificate of Title was to prevent further dealings unless the paper certificate was deposited. The article explains that this legal effect has ended.
Can a lender still rely on a paper Certificate of Title as security?
The article states that parties holding paper Certificates of Title as a form of security should seek legal advice, because holding the certificate as security no longer has effect from 1 October 2019.
Will new paper Certificates of Title still be issued in Queensland?
No. The page states that Certificates of Title will not be issued by the Titles Office after 1 October 2019.
How can I get a copy of my property title in Queensland?
You can obtain title searches, survey plan images and title documents through Titles QLD, including online via OTIS.
Can I keep an old paper Certificate of Title?
Yes. The article notes that if you already have a paper Certificate of Title, you may keep it for historical or sentimental reasons.
