Hi l lost the certificite of title to my home in an accident several years ago. l thought its time l went about getting a new one, l checked the lands titles office and my name is there as the registered proprietor of the property. How difficult is the process? do l need a conveyancer or solicitor or can l do it myself . l think it costs around $700 is that correct? l think l start by lodging a form 10 notice, what happens after that? do l sign a statutory decloration saying how the certificate was destroyed, do l also need to track down anyone else to sign it, such as the previous owner of the house who possessed the certificate? What documents do l need to provide , is it just the rates notice or what other documents. Also is it important l get the certificate of title now or is it only something l really need when l decide to sell my house or get a mortgage
VIC Lost certificate of title
- Thread starter jjjohn
- Start date
I don't practice in Victoria, so from what I could quickly find out:
1. The process doesn't look too difficult in theory. However, that will depend on the circumstances as declarations must be obtained from everyone who has had possession of the Certificate of Title since it was issued. This could be a long list, or a short list.
2. Possible to do yourself by the looks of it, but the complexity angle from item 1 may make it something that may be best handled by a solicitor.
3. Lodgement cost is currently $197.00 plus "Land Use Victoria may requisition an additional assurance contribution payment after lodgement, if the application is assessed as high risk". Good luck finding out what that actually is, as the references in Land Use Victoria appear cyclical.
4. You lodge a Form 10 and the required statutory declarations. Then it's up to LUV what else they require, or they issue a new Certificate of Title I suppose.
5. Anyone who has had possession of the certificate of title since it issued. I would expect that would be since it issued in your name - otherwise that could get ridiculous having to trace its history.
6. Would seem to be the Form 10 and the statutory declarations, that's it. They'll know you're the owner already. You'll need sufficient documents for verification of identity with whoever witnesses the statutory declarations - I'd suggest passport, driver's licence, and rates notice as that satisfies most requirements.
7. Yes, better to do it now than later. The process only gets harder the longer it goes.
I also suggest reading the Guide under the 'Application for a new Certificate of Title in place of one lost of destroyed' heading found here: Transfer of Land Act
1. The process doesn't look too difficult in theory. However, that will depend on the circumstances as declarations must be obtained from everyone who has had possession of the Certificate of Title since it was issued. This could be a long list, or a short list.
2. Possible to do yourself by the looks of it, but the complexity angle from item 1 may make it something that may be best handled by a solicitor.
3. Lodgement cost is currently $197.00 plus "Land Use Victoria may requisition an additional assurance contribution payment after lodgement, if the application is assessed as high risk". Good luck finding out what that actually is, as the references in Land Use Victoria appear cyclical.
4. You lodge a Form 10 and the required statutory declarations. Then it's up to LUV what else they require, or they issue a new Certificate of Title I suppose.
5. Anyone who has had possession of the certificate of title since it issued. I would expect that would be since it issued in your name - otherwise that could get ridiculous having to trace its history.
6. Would seem to be the Form 10 and the statutory declarations, that's it. They'll know you're the owner already. You'll need sufficient documents for verification of identity with whoever witnesses the statutory declarations - I'd suggest passport, driver's licence, and rates notice as that satisfies most requirements.
7. Yes, better to do it now than later. The process only gets harder the longer it goes.
I also suggest reading the Guide under the 'Application for a new Certificate of Title in place of one lost of destroyed' heading found here: Transfer of Land Act
Sorry, I only know what I could find via Google. Perhaps one of the other lawyers on here could assist more.
