Office Circular No. 1/2026
DATE: 7 JANUARY 2026
DISTRIBUTION: GENERAL
SUBJECT: EXPLANATION OF ‘FOLIO OF THE REGISTER’ AND ‘CERTIFICATE OF TITLE’
This Office Circular provides an explanation of:
- the difference between a folio of the Register and a certificate of title;
- the importance of searching the Register as opposed to relying on a certificate of title when dealing with land; and
- why the Volume, Folio or Edition number of a certificate of title may differ from the folio of the Register to the same land.
1. Difference between a folio of the Register and a certificate of title
Historically, under the Real Property Act 1862 (now repealed) a certificate of title was issued in duplicate.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.
Presently, section 33(4) of the Land Titles Act 1980 (Act) provides:
“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.
2. 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.
3. Why does the volume, folio or edition number of a certificate of title differ from the folio of the Register to the same land?
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;
Conversion from 'Stratum' titles to 'Strata';
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.
Related information
ROBERT MANNING
Recorder of Titles