Current Status of Certificates of Title
A certificate of title reflects the Register of land (the Register) maintained by the Recorder of Titles pursuant to section 33 of the Land Titles Act 1980 at a specific point in time and displays some (but not necessarily all) of the registered estates or interests in land.
Currently, certificates of title are required in the conveyancing process in Tasmania, with the certificate of title required to be lodged alongside specific Registry Instruments or Documents. The Register is and has always been conclusive evidence of estates or interests in land for Tasmania.
Future Status of Certificates of Title
The Land Titles Act 1980 allows the Recorder of Titles to stop issuing certificates of title upon the registration of a Registry Instrument or Document and also allows the Recorder of Titles to dispense with the requirement for certificates of title to be lodged with the Land Titles Office.
The Land Titles Office is currently working to implement reforms to the conveyancing process to promote a safer and more secure process. These reforms include the introduction of
- Verification of Identity and right to deal for parties to a conveyancing transaction
- the requirement for legal practitioners and licensed conveyancers to obtain specific authorisation from their Clients
- the requirement for relevant parties to retain evidence.
The successful implementation of these reforms, together with other updates to the conveyancing process, will allow the removal of certificates of title. The Register remains the sole source of truth for estates and interests in land in Tasmania.
These reforms are discussed on the Reforms to Conveyancing Process webpage.
Frequently Asked Questions
Why will certificates of title no longer be required?
The Land Titles Office is introducing a safer and more secure process which removes the need for paper certificates of title. Certificates of title carry an inherent risk of fraud, where a fraudulent person may produce a paper title while claiming to be person on the title. By introducing requirements, which include Verification of Identity and right to deal, the risk of a person being defrauded through the improper use of a certificate of title will be minimised.
How do I prove that I own my property when certificates of title are no longer required?
The Register of land (the Register) maintained by the Recorder of Titles pursuant to section 33 of the Land Titles Act 1980 is and has always been conclusive evidence of estates or interests in land for Tasmania. Possessing a paper certificate of title is not conclusive proof of a registered estate or interest in land, rather the paper certificate of title shows an extract of the Register at a particular point in time. If a person wishes to view the registered estates or interests in land, a copy of a title search is available via the LIST (Land Information System Tasmania) website.
To transact with property, parties to a conveyancing transaction will be required to have verifications undertaken about their identity and right to deal. This will typically be conducted between a person and their bank or conveyancing professional – a legal practitioner or licensed conveyancer, through the production of relevant identity and property related documents. This process drastically reduces the risk of fraudulent transactions through identity fraud, as each party to a transaction will have their identity and right to deal verified by the bank or conveyancing professional.
What should I do with my paper certificate of title?
Current status of certificates of title:
You may be required to lodge a certificate of title with your Registry Instruments or Documents. Any paper certificate of title you hold should be securely stored.
Future status of certificates of title:
The paper certificate of title may be retained for personal or sentimental purposes, however, it will not be required to be lodged with Registry Instruments or Documents. The paper certificate of title may be relevant as part-only evidence when verifying a person’s right to deal alongside additional evidence.
My legal practitioner or licensed conveyancer holds my certificate of title on my behalf – what happens once it is no longer required?
As your legal practitioner or licensed conveyancer is holding the certificate of title on your behalf and it is still your personal property, your legal practitioner or licensed conveyancer should make contact with you requesting direction on whether you want your certificate of title to be given to you or if you wish for it to be securely destroyed.
How can I be sure of the security of the Register and know that it reflects current registered estates and interests in land?
The Land Titles Office considers the security and integrity of the Register of land (the Register) maintained by the Recorder of Titles pursuant to section 33 of the Land Titles Act 1980 to be of paramount importance. The Register records estates and interests in land and has recorded these electronically since the 1990s. The security of the Register is underpinned by the Tasmanian Government’s Cyber Security Policy and standards. The Land Titles Office actively monitors any unusual activity identified and stores data back-ups of the Register.
How can I check my estate or interest in land is recorded in the Register?
If a person wishes to view an extract of the Register and the registered estates or interests in land, a copy of a title search is available via the LIST (Land Information System Tasmania) website.
Will paper certificates of title be of use in the future?
Current use:
You may be required to lodge a paper certificate of title with your Registry Instruments or Documents. Any paper certificate of title you hold should be securely stored.
Future use:
Although a paper certificate of title may be relevant as part-only evidence when verifying a person’s right to deal in the future alongside additional evidence, a paper certificate of title alone will not conclusively establish or verify a person’s right to deal with an estate or interest in land. Paper certificates of title will not be required for the lodgment of any Land Registry Instrument or Document upon their removal.
What if I am using a paper certificate of title to claim rights or security over land which are not registered and recorded in the Register?
If a claim or interest is currently unregistered, all persons with such claims or interests should make appropriate alternative arrangements prior to the removal of certificates of title.
How does the removal of certificates of titles impact general law title?
There is no impact on general law title due to the planned removal of certificates of title. The requirements for bringing land under the Land Titles Act 1980 are unchanged. To bring land under the Act, General Law Deeds or instruments must still be lodged as required. General Law Deeds should be retained and safely stored as they continue to have evidentiary value.