In accordance with the provisions of the Land Titles Act 1980 (Act), the Recorder of Titles (the Recorder) maintains a Register of title to land (the Register).
On 7 March 2024 improvements to the property conveyancing process in Tasmania came into effect via the issuing of Directions in accordance with the Act.
The Recorder’s Directions seek to strengthen the safety and security of property conveyancing in Tasmania, introducing more rigour to the process, and preserving the integrity of the Register.
These Recorder’s Directions include requirements relating to the preparation and lodgement for registration of applications, dealings, instruments, and other documents for the purposes of the Act.
Specifically, the Recorder’s Directions introduce verification of identity, verification of right to deal, client authorisation and changes to witnessing requirements for certain instruments, certifications, retention of evidence and compliance examination.
As a result of the Recorder’s Directions, parties to a conveyancing transaction are, in most cases, now required to be represented by a conveyancing professional – a legal practitioner or a licensed conveyancer – who will prepare registry instruments and other documents, and effect lodgement with the Land Titles Office on behalf of their client. Conveyancing professionals will be required to obtain from their clients certain information verifying their identity and verifying their right to deal.
More information is available on the Lodgment Requirements webpage.