Paper Certificates of Title are now a thing of the past in Queensland.
Previously, in order to sell, transfer or mortgage a property in Queensland
you had to produce the Certificate of Title. No title meant no deal unless
or until you made application for a replacement Certificate of Title or you
were granted dispensation from having to produce the Title Deed by the
Registrar of Titles.
Many landowners lost track of where their Title Deed was held or it would
be misplaced or accidentally destroyed. In most cases the only time the
Certificate of Title was found to be missing was when it was needed to be
produced and then a mad scramble would ensue as the landowner would
run around trying to find it.
Also, when a person died often the executor and loved ones would have no
idea where the Title Deed was located.
However, as from 1 October 2019 a Certificate of Title for property will
cease to have any legal effect. This means that dealings can be registered
in relation to a property without the need to produce a Certificate of Title
issued for the property. Any protection that the Certificate of Title
provided to you against the registration of unauthorised dealings in relation to the property will no longer exist.
If you become aware of any unauthorised dealing with your property, it is
important that you take immediate action in relation to it and obtain legal
advice. If you require further advice in relation to any unauthorised
dealings, please do not hesitate to contact McLaughlin & Associate
Lawyers or MCL Conveyancing.