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QLD Certificate of Title Required for Property Sale?

Discussion in 'Property Law Forum' started by Boats, 24 May 2015.

  1. Boats

    Boats Member

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  2. Tracy B

    Tracy B Well-Known Member

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    Hi Boats,

    You can transfer property without a certificate of title but the purchaser will unlikely agree as you may not be able to convey good title.

    Are you talking about the paper certificate of title? Given it was from so long ago, the paper certificate of title may have been returned to the Titles Registry and an electronic image recorded in the Registry. Have you checked with the Titles Registry to see if an image exists?

    If there is no image (i.e. the paper certificate has not been returned to the Titles Registry), then are you certain that the paper title has been lost or destroyed? Perhaps it is still with a previous owner. You can do a search to see who the title was last delivered to:
    1. Do a historical paper title search
    2. Find the last recorded transfer (or mortgage)
    3. Request a copy of this last transfer (or mortgage)
    If no electronic or paper copy of the title certificate exists, then you must apply to the Titles Registry to "dispense with the production of a certificate of title". To do this, you, and everyone who had custody of the title after it was last delivered to the Titles Registry, stating why the title cannot be delivered. There are additional requirements under Part 17 of the Titles Registry Manual in relation to supporting declarations.

    If you have any enquiries, you can contact the Queensland Government on 13 74 68.
     
  3. Sophea

    Sophea Well-Known Member

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    Hi,

    Many landholders do not hold paper certificates these days, as they are being phased out, but if you do have a paper certificate you need it to lodge documents with the registry - which is necessary when selling the property. However you can dispense with the production of the certificate of title if its been lost or damaged. This will require you to fill out some forms, which will need to be signed and witnessed and also advertise a public notice in a newspaper for a specified period of time.
     

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