Updated: 2 days ago
In Queensland, you generally won’t receive a new paper certificate of title. Paper certificates stopped being issued on 1 October 2019 and no longer have legal effect. To check a property's current registered ownership and interests, order a title search through Titles Queensland or ask a conveyancing solicitor to obtain one for you.
Need a title search? Contact RHC Solicitors to discuss how we can help.
Before we dive in, it's important to understand exactly what a Title is. Simply put, a Title establishes ownership of real property. Titles Queensland manages real property titles in Queensland.
In This Article:
How to Get a Title Search
You can order property records through Titles Queensland’s online search service. You can search by street address, lot and plan number or title reference. Titles Queensland charges a fee for searches and documents, so check the current fee before ordering.
Alternatively, RHC Solicitor can order and provide a Title Search at cost. Contact us to discuss how we can help.
If you’re unsure which record to select, a solicitor or conveyancer can help identify the right search. If you are buying or selling, your conveyancer will usually arrange the searches needed for the transaction.
What's The Difference Between A Certificate Of Title, Title Deed & Title Search?
When people talk about a Certificate of Title, Title Deed, or Title Search, they're referring to a way to verify a property's ownership. Lawyers, real estate agents, and the government use them interchangeably when discussing land ownership.
However, Certificates of Title and Title Deeds are paper documents that show the property's current owner(s) and any registered encumbrances, such as mortgages, easements, caveats, covenants, leases, charges, or other registered notices.
A Title Search, meanwhile, is an online enquiry (search) that reveals a digital record of the property's ownership and shows registered encumbrances and notices.
Confusion between these terms stems from over a hundred years of evolving Queensland property law, particularly the shift from Old System Land to Torrens Title.
A Quick History Lesson: Old System & Torrens System
Past methods of proving land ownership were based on what was known and accepted at the time.
Under the Registration of Deeds Act 1843, the Crown granted land by issuing a physical deed of grant. This was the only deed ever issued for the land, and it was written on long-lasting parchment.
When the original owner sold the land, their solicitor drew up a lengthy deed of conveyance to legally transfer the land to the purchaser. The purchaser received this, along with the deed of grant, and was required to keep them safe, as they were the purchaser's ‘title’ of ownership.
No government register kept a copy of the deed. The owner had to prove ownership.
The old system was complicated and always open to fraudulent claims of property ownership. To legally transfer the property, you needed to provide a 'chain' of title deeds showing all previous owners.
If you thought it would be easier to store all this information in a central database, you weren't alone.
Under the Real Property Act 1861, Queensland began introducing the Torrens System. While its history is complex and varied, the key difference was that it allowed land transactions to be recorded in a government-managed register. It protected the interests of registered owners and other registered proprietors of land.
This system is still used today and was expanded and refined under the Land Titles Act 1994, which no longer required physical title documents to prove property ownership (see section 215 of the Land Titles Act 1994).
Since 1994, property ownership has been registered and held in digital records, managed by a central registry, Titles Queensland.
From 1994 to 2019, obtaining a physical Certificate of Title was still optional, but it served no purpose beyond providing evidence of what was registered on the title at the time it was issued.
As of 1 October 2019, following the commencement of the Land, Explosives and Other Legislation Amendment Act 2019, paper certificates of title were no longer required when lodging dealings or registering property transfers, and Titles Queensland no longer issued them. Even if you once owned a physical Certificate of Title, Titles Queensland does not hold these documents.
What If I Still Have an Old Paper Title?
If you still hold a paper Certificate of Title, you may keep it for historical or sentimental reasons, but it has no legal status.
You do not need to return it to Titles Queensland. You may keep it, but it does not replace a current title search.
If the document relates to a loan, security arrangement, or other legal matter, seek advice on what it means for your circumstances.
How Do I Get A Copy Of My Property's Title?
If you are selling your property, a real estate agent will generally obtain a Title Search as part of their role to ensure that the registered owners are listed correctly on the contract. They should include this title search in the contract of sale to ensure the seller discloses any registered encumbrances and/or notices.
Your lawyer also has a duty to undertake two title searches through the course of a standard residential conveyance, regardless of whether you are buying or selling. They will perform a title search at the start of their engagement (which may not be needed if the real estate agent has performed it recently) and again on the morning of the settlement date to ensure there have been no changes and the transaction can proceed.
If a property transaction has been lodged digitally (for example, through PEXA), you will generally receive a Registration Confirmation Statement (RCS). In the case of selling a property, this document will show the buyer as the new owner.
If you want proof of ownership, a lawyer can do a title search at any time and provide you with a copy.
Alternatively, if you would rather do this yourself, you can obtain property titles online, in person, or by telephone through Titles Queensland. Click here for a quick link to their website.
Note that there is a nominal fee to obtain these records, regardless of if you, a lawyer or real estate agent perform a title search.
Rest assured, a qualified and experienced lawyer will always ensure the appropriate searches are performed when required to protect your interests.
If you have any questions or concerns about a historical Certificate of Title, or want a copy of a Title Search, please contact us to discuss how we can help.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current, and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication are those of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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