Real property changes – No more Paper Certificates of Title
Certificates of Title to cease having legal effect
On 26 March 2019, the Land Title Act 1994 (Qld) was amended to provide that, from 1 October 2019, paper Certificates of Title will no longer have any legal effect. The electronic title held in the Titles Registry will confirm ownership and other interests in land in Queensland. Only about 11% of titles in Queensland still have a paper Certificate of Title.
From 1 October 2019, a paper Certificate of Title will be consigned to history and will no longer need to be deposited in the Titles Registry when a transaction is lodged. There will be no requirement to dispose of any existing paper Certificates of Title, they will not need to be destroyed or brought into the Titles Registry, nor will they need to be dispensed with for a transaction to proceed.
Where a paper Certificate of Title is currently held as security, you should obtain advice regarding available options.
However, until 1 October 2019, the current statutory provisions that govern paper Certificates of Title will continue to apply. In transactions, where there is a paper Certificate of Title, it will still need to be deposited or a process to dispense with the paper Certificate of Title followed. The only exceptions are those set out in the Land Title Act.
From late April until 1 October 2019, the Titles Registry will have a different process for dealing with Form 19 applications for a paper Certificate of Title. These applications will be dealt with centrally, instead of at the regional Department of Natural Resources, Mines and Energy offices. When a request is lodged for a new paper Certificate of Title, it will be delivered by registered post unless the registered owner asks for it to be held for collection in a designated lodger delivery box at the Brisbane (Albert Street) office of the Titles Registry.
From 1 October 2019, the Form 19 application for a paper Certificate of Title will no longer be able to be lodged and none will be issued.
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Please note that this article was written by Margaret Miller, partner of Bell Legal Group, for information purposes only. It is not legal advice and should not be relied upon as such.
