Future of Certificates of Title

If you're a property owner in Melbourne, Australia, it's essential to understand the concept of certificates of title. These documents serve as proof of ownership for your land and are a crucial part of any property transaction. In this blog post, we'll explore the Victorian Register of land, the benefits of electronic certificates of title, and what you need to know about the upcoming changes.

What is the Victorian Register of Land?

The Register of land is the official record for ownership of land in Victoria. It consists of individual digital records called folios, each with a corresponding certificate of title. These certificates can be either paper or electronic. The Registrar of Titles, under the Transfer of Land Act 1958, is responsible for maintaining the Register.

The Benefits of Electronic Certificates of Title

Since 2000, Victoria has been working towards creating a future-ready Register of land. Phasing out paper certificates of title is the next step in this journey. Electronic certificates of title offer several advantages:

Faster, simpler, and more secure transactions
Reduced environmental impact by saving on printing, paper, and transportation
Alignment with a coordinated national program, as most Australian states and territories no longer produce paper certificates of title

What Type of Certificate of Title Do You Have?

If you have a mortgage, there will most likely be an electronic certificate of title managed by your mortgagee, such as a bank. The mortgagee will manage the certificate until you discharge your mortgage. If you don't have a mortgage, your certificate of title may be held in various ways:

A paper certificate in your possession, such as in a safe at home
A paper certificate with your accountant, bank, conveyancer, or lawyer
An electronic certificate managed by your bank, conveyancer, lawyer, or held by the Registrar of Titles

Upcoming Changes to Certificates of Title

From 3 August 2024, all new Victorian certificates of title from the Register of land will be electronic. As a land or property owner, you don't need to take any action. More than 65 per cent of certificates of title in Victoria are already electronic, and your certificate may have been converted when your land was last transacted.Existing paper certificates will remain valid until they are next required for a conveyancing transaction. If you have a paper certificate, keep it in a safe location until needed.

Dealing with Your Property After 3 August 2024

If you wish to mortgage or sell your property after the change, speak to your bank, conveyancer, or lawyer. They will explain the process and guide you through the transaction.

Lost or Damaged Paper Certificates of Title

Lost paper certificates can cause significant difficulties and delay settlement. If you lose or damage your paper certificate, you'll need to apply to the Victorian Land Registry for a replacement. From 3 August 2024, an electronic certificate will be created as the replacement.

Void Paper Certificates of Title

If your paper certificate has been marked void by a stamp, perforation, or other means, it can no longer be used to support a transaction with your land. In this case, a current electronic certificate likely already exists. Conducting an online title search of the Register will allow you to see the most up-to-date record for your land.

The Importance of Consulting Professionals

Land transactions can be complex, whether you're buying, selling, or dealing with land in another capacity. It's highly recommended that you consult an Australian Legal Practitioner or Licensed Conveyancer for assistance and advice.

Conclusion

As Victoria moves towards a fully electronic Register of land, it's crucial for property owners to understand the changes and how they may affect their transactions. By staying informed and working with experienced professionals, you can ensure a smooth and secure process when dealing with your land.If you have any questions or concerns about certificates of title or need assistance with a property transaction, don't hesitate to contact Pearson Chambers Conveyancing. Our team of experts can provide you with more details and offer a free Section 32 contract review. Call us on 03 9969 2405 or email contact@pearsonchambers.com.au to learn more.