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Certificate of title

A Certificate of Title is a documented record of interests and rights affecting your land. It is issued by the Registrar of Titles to the person entitled to its possession which can be the registered proprietor, mortgagee or chargee.

Anyone is able to obtain a copy of title from the Titles Office.

The information included in a Certificate of Title confirms the location and dimensions of your land and any obligations affecting what can be done on or with the land.

As well as describing the land, a full copy of the title will include a diagram or plan of the land and will identify any easements, restrictions, encumbrances, caveats and notices where these may exist.

The title information accompanying your application to council must include a register search statement and the title diagram and any relevant associated title documents known as ‘instruments’ such as Covenants or Section 173 Agreements. This is what we refer to as a 'Full Copy of Title'.

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.

Details to consider are:

Is there anything listed that could prevent a smooth settlement?
Are there any encumbrances, caveats or notices recorded?
Check for anything that could restrict your use or enjoyment of the property in terms of ownership rights.
Is there anything listed that will compromise your ownership rights now or in the future?

The Volume/Folio, Lot on Plan and/or instrument references are the key to unlocking other information related to the property, you can find these by doing a property and parcel search by address.

By using these details you can also:

Obtain copies of other documents listed, such as transfers, caveats, memorials, or a copy of the survey plan.
Trace ownership back over many years to the first Title, Crown Grant or Deed.