What Is A Real Estate Certificate Of Title?

A book about Real Estate Certificate of Title

Table of Contents

What Is A Certificate Of Title?

A certificate of title is an official state or municipal-issued legal document that identifies the owner(s) of personal or real property. A certificate of title provides a documentary record of land ownership but can be for any personal property with a title. In this instance we are concentrating on Real Estate.

When issued for real property such as land or a house, the certificate of title is the way to record and prove the official ownership of said land or property. It’s a legal document, like a passport or car registration, and there is one for every property in Australia and it provides the necessary documentary evidence of the right of ownership.

What Does The Certificate Of Title Contain?

Certificate of titles give you vital information and data points like current ownership details, document numbers for notifications and encumbrances, volume and folio, whether there is a caveat against the title and survey plan number and type.

Thus, certificate of title can be useful in many ways. It allows you to easily check current property ownership.

Certificate of land titles show several important details which are indispensable for your knowledge both for legal and business purposes. For example, the document mentions a section titled “registered proprietor.” This section enlists the official owner name. Without this section you can never prove the identity of the owner of the land.

Similarly, there is another section titled “Description of Land.” This section (depending on state) mentions the complete address of the land. Details of the mortgage authority are mentioned under “Schedule of Dealings” section. This way, the document becomes a real necessity. In Australia, a title search is similar to certificates of title.

The land title register is the central part of the Torrens system. The Torrens title system is used to provide land owners with proof and security of ownerships. It’s like a central authority which everyone could refer to in case of conflicts and issues. Search facilities are offered by states and land titles registries. Everything about a property, including property ownership changes, mortgages, property transactions and new subdivisions are held in the central system.

How Certificates Of Title Work

Certificates of title can apply to any type of property that has a title. The owner can assume title once their contractual and financial obligations are cleared.

Information on the certificate of title includes the name of the owner and information about the property. Whenever real property is sold, the title is transferred to the new buyer.

You can use this information when making a decision to purchase a property and in most circumstances a full copy of the certificate of title is supplied in the Section 32 ‘Contract of Sale’ that you receive from the real estate agent.

Get A Copy Of Your Title

You may need a copy of your certificate for various reasons, apart from the purchase and sale of your property. These reasons include lodging development applications or applying for council approval for a pergola or extension, or other such works.

A copy of a certificate of title is also called a register search. You can obtain the certificate of title through the relevant council, land title office, Land Registry or through search facilities such as Landata or Infotrack or other property registry sites. Select Legal are happy to assist in the process.

Select Legal Can Help

Regardless of whether you are planning to buy or sell a property, Select Legal is ready to assist with the  process, including accessing certificate of titles.

Our knowledge of the process and attentive service (as shown in our Google Review history) is what sets us apart from others in this field. Depending on the needs you have, Select Legal’s legal advice is ideally qualified to handle your needs through all the required legal checkmarks.

Contact Select Legal today for all your conveyancing related needs or request a quote which will only a few minutes.

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