In this post we break down what exactly a Duplicate Certificate of Title is, why it’s important you keep the original safe and what to do if you’ve lost your original title.
What is a Certificate of Title?
When you own property in Western Australia, you are registered on a document held by Landgate called a Certificate of Title. This is always held by Landgate. Find out more definitions in our Property Settlement Terminology post.
What is a Duplicate Certificate of Title?
A Duplicate Certificate of Title is an original duplicate of the Certificate of Title held by Landgate. If the Duplicate Certificate of Title is issued, it may be held by an owner (if the property has no mortgage) or by a lender (if the property is mortgaged).
The original Duplicate Certificate of Title is the document you’ll need if you’re selling your property without a mortgage. It is commonly referred to as “title” or “title deed”. In this post we’ll refer to the original Duplicate Title as “Title”.
When do I need my Title?
It’s likely you’ll hold the original Title if you don’t have a mortgage. A Title can also be a ‘non-issue’ meaning there is no duplicate in existence. A title search can determine this.
The only time you’ll need your Title is when you sell or transact on the land. For example, this may be when transferring all or part of an interest in the land, transfer due to death or separation or registration of a mortgage. When we act for you in these circumstances, we’ll do a title search. If the title search shows that there is no mortgage, we will ask you for the Title. We’ll then provide it to Landgate with the transfer or other dealing.
Request a settlement quote if you’re selling your property.
How do I get a copy of my Title?
You can do a title search through Landgate’s website, or you can contact us to do this for you. On the Title it will reveal:
- The name and address of the owner/s.
- If more than one owner is registered, the tenancy details (whether the property is held as joint tenants or tenants in common – find out more about the difference between joint tenants and tenants in common).
- Legal land description such as lot, plan, volume and folio numbers.
- Any encumbrances, such as mortgages, caveats and easements.
- The property address.
- Whether the Duplicate Title is issued or not.
Replacing a Lost Title
If you’re not able to find your Title, we can prepare documents for you to apply for a new one. We’ll need to verify your identity and obtain some information from you to complete the application.
The main points that we need to address in the supporting documents are:
- Who usually held the Title?
- When and where was the Title last seen and who had access?
- What searches have been made for the Title? This includes from banks, accountants and other places where the Title could have been held.
The time it takes to prepare the application and supporting documents will depend on the circumstances.
It’s always best to keep original documents such as the Title in a known, safe place, but if you can’t find your Title we can help with your application for a replacement one.
Contact Us to find out more about lost title replacement or visit our Blog for more property settlement tips, news and information.
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