Certificate of title

Under Queensland law, the true record of current title to property is held in an electronic system maintained by the Registrar of Titles in the Department of Environment and Resource Management’s Titles Registry. This is far more secure than maintaining paper titles. The department gives the security of electronic data the highest priority, and has appropriate back-up and other security measures in place for information in the Titles Registry’s Automated Titles System.

You can still request a paper certificate of title, (often referred to as the duplicate title or title deed), but you no longer need one as proof of ownership as the Automated Titles System provides the point of truth.

If you already have a current certificate of title, you should treat it as a valuable legal document, and keep it in a safe place, or store it with your solicitor or financial institution.

If you wish, you may return it together with a completed Form 14 - General request to the Titles Registry for cancellation (no fee applies). Please note that cancellation of the paper certificate does not affect the electronic title, which remains active in the Automated Titles System.

Certificates of title and settlement

You do not automatically require a certificate of title for a settlement when you are selling a property.

However, if you have been issued a certificate of title for the property, you must:

give it to the purchaser at settlement

return it to the Titles Registry for cancellation before the settlement.

Proof of ownership

Your proof of ownership is the electronic title held by the Titles Registry. This includes your name, and details of the lot and any current mortgage or encumbrance. The Queensland Government provides a guarantee for freehold interests registered in the Titles Registry.

Once a titling transaction has been registered in the Titles Registry, the lodger will receive a confirmation statement showing the relevant details.

Requesting a certificate of title

Though you do not need a certificate of title as proof of ownership, you can request one by completing and lodging a Form 19 - Application for a certificate of title.

You must indicate how, where and to whom the certificate is to be sent:

If the property is mortgaged, the mortgagee must consent on the form.

Though there is no fee for lodgement, a small fee is payable to cover the cost of sending the title by registered mail.

A certificate of title will show the:

name or names of the registered owner(s)
real property description – lot and survey plan number
other current information about the lot.

It does not show survey or historical information.

Establishing if a certificate of title exists

A current title search of the property in question will show:

if a certificate of title has been issued.
the date it was issued
the last version number that was issued.

Obtaining a copy of the last registered Application for certificate of title document under its dealing number will show to whom and where the certificate was delivered.

Cancelled certificates of title

Certificates of title returned to the Titles Registry are cancelled, but not immediately destroyed. If the person entitled to the certificate requests its return within 12 months of cancellation, it will be returned without cost. A cancelled certificate is only of historical or sentimental value. It has no legal importance and cannot be used for transactions with the property.

Any certificate of title returned for cancellation, which was issued before 24 April 1994 (the date the Automated Titles System began operating) will be imaged so a copy will always be available to anyone interested.

Remember, the certificate of title is only a paper copy showing the details registered in the electronic Automated Titles System at the time the certificate was printed. The true current record title remains active in the electronic system.

Last updated 21 March 2011