Please note: any capitalised term has the meaning given to it in the Recorder’s Directions, the Participation Rules, the Operating Requirements, or the Electronic Conveyancing National Law (ECNL) as applicable.
The Register
The Register of land (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. The Register records estates and interests in land and has recorded these electronically since the 1990s.
To view the registered estates or interests in land – an extract of the Register – a title search is available via the LIST (Land Information System Tasmania) website.
Folio of the Register and Certificate of Title - Historic
Historically, under the Real Property Act 1862 (now repealed) a certificate of title was issued in duplicate. One became ‘a folium’ embodied into the ‘Register book’ and the other was delivered to the person entitled to it. They were both referred to as a certificate of title.
Historical arrangement of the Register – Bound books
The Torrens system was introduced in Tasmania in 1862, and the Register took the form then generally prevalent in offices i.e. a bound Register of substantial size. The Register started with bound volumes each containing 200 folios. There are two series of volumes, one for certificates of title and one for Crown Grants (labelled “Purchase Grants”). Later, the number of folios in each volume was reduced to 100 and later still the number of Certificates of Title bound together was reduced to 50, but 100 still constituted a “Volume”.
Historical arrangement of the Register – Loose-leaf
The next development in the physical arrangement of the register was the abandonment of the bound volume for a loose-leaf system. All titles registered between January 1964, and April 1992 are filed in the loose-leaf system. The titles still bear two numbers , a “Volume” and a “Folio.” The loose-leaf series of titles commences with Volume 2000 and 100 titles (folios) constitutes a volume.
One advantage of the loose-leaf filing was a permanent numbering system which allowed a folio of the Register to always retain the same number so long as the land described therein retained its identity. When there was no longer room for further recordings, a new folio was given the same volume and folio number and was distinguished from the former one by a notation that it was a new edition. Where the identity of the land was changed then the existing folio was cancelled and replaced by folio(s) bearing a different volume and folio number.
Historical arrangement of the Register – Automation
The latest development was the “automation” of the Register which commenced on 24 April 1992. Since this time numbering of the folio of the Register is based on the Lot and Plan number of the land. Since the completion of automation, all folios of the Register are stored electronically.
Folio of the Register and Certificate of Title - Current
The Land Titles Act 1980 (Act) provides in section 33(4):
“The Register shall comprise –
(a) the folios of the Register;
(b) the dealings registered under this Act and any of the Acts specified in Schedule 2 ; and
(c) schemes under the Strata Titles Act 1998 –
but shall not include any other maps and plans or documents deposited with the Recorder.".
The Act provides for certificates of title in section 33(8):
“Except as may otherwise be prescribed, when the Recorder creates a folio of the Register, the Recorder may in the prescribed manner prepare a certificate of title to the same land.".
A certificate of title reflects the Register maintained by the Recorder of Titles pursuant to section 33 of the Act at a specific point in time and displays some (but not necessarily all) of the registered estates or interests in the land.
Put simply, the Register consists of the 'folios' (now stored electronically), and the document delivered to or held on behalf of a person or party, is the 'certificate of title,' and thus they are distinct from one another.
Information about certificates of title and the planned removal of certificates of title is available on the Certificates of title webpage.
Searching the Register
It is emphasised that the certificate of title is not a substitute for a search of the Register. Certificates of title do not form part of the Register and reflect the Register at a specific point in time and display some (but not necessarily all) of the registered estates or interests in the land.
The Act provides, in sections 51(2), (3) and (9), various dealings which may be registered upon the folio of the Register without a requirement for the relevant certificate of title to be produced.
Reasons (not necessarily exhaustive) why the Register must be searched include:
The certificate of title does not disclose the existence of priority notices, caveats or writs which may prevent registration of a proposed dealing;
The recording or registration of the following (on the folio only) will not necessarily prevent registration of a proposed dealing, however may materially affect it:
Notices to treat under the Land Acquisition Act 1993;
Notifications of Part V agreements under the Land Use Planning and Approvals Act 1993;
Applications under s126 of the Act by an Acquiring Authority (land acquisition);
Declarations of severance of joint tenancy under s63 of the Act;
Transfers of easement for wayleave or electricity infrastructure; or
Dealings may have been lodged for registration that remain unregistered and have priority to the proposed dealing, or, if registered prevent the registration of the proposed dealing.
Different Volume, Folio or Edition Numbers
Whilst in many cases the certificate of title in circulation bears the same volume, folio and edition of the current folio of the Register, there are exceptions. These exceptions further emphasise the importance of searching the Register.
Reasons (not necessarily exhaustive) include:
Registry Instruments registered on the folio of the Register without a requirement for the relevant certificate of title to be produced under sections 51(2), (3) and (9) of the Act may alter the volume, folio or edition of the folio of the Register;
Conversion in the 1960’s of a title from the bound books to loose-leaf or the automation in the 1990’s of the loose-leaf titles to the current folio of the Register. These conversions did not require production of the then ‘duplicate certificate of title’. Therefore, if the duplicate certificate of title has not been produced since these LTO initiated activities it would bear a different volume and folio reference to the current folio of the Register. More information is available above under the subheading Folio of the Register and Certificate of Title - Historic;
Conversion from ‘Stratum’ titles to ‘Strata’ previously communicated in Office Circular No. 1- of 1998;
Where a correction to a folio of the Register was made and did not require production of the relevant certificate of title; or
Conversion of certain paper certificates of title to ‘Held On Behalf Of’ (HOBO) made by Application.