Titles Registry: Paper certificates of title
3 April 2019
The way in which the Titles Registry deals with paper certificates of title (paper CTs) is changing.
On 26 March 2019, a Bill was passed in Parliament to amend the Land Title Act 1994. The amendments mean that from 1 October 2019, paper CTs will no longer have any legal effect. As is currently the case, the electronic title held in the Titles Registry will continue to be the point of truth for ownership and other interests in land in Queensland. Only about 11% of titles in Queensland still have a paper CT in existence.
From 1 October 2019, a paper CT will become an item of historic or sentimental value only and will no longer need to be deposited with the Titles Registry when a transaction is lodged over the title. As of that date, there will be no requirement for disposing of any existing paper CT, they will not need to be destroyed or brought in to the Titles Registry, nor will they need to be dispensed with for a transaction to proceed.
Where a paper CT is currently held as a form of security, practitioners may wish to advise their clients of the options available to them.
Please note that until 1 October 2019, the current legislative provisions that govern paper CTs remain in place. This means that transactions, where there is a paper CT, will still need that paper CT to be deposited or a process to dispense with the paper CT is to be undertaken. The only exceptions to this will be those currently provided for by the Land Title Act.
From late April (until 1 October 2019), the Titles Registry will introduce an amended process for dealing with Form 19 applications for a paper CT. After lodgment, these applications will be dealt with centrally instead of as per the current process for dealing with them at regional Department of Natural Resources, Mines and Energy offices. This means that no matter where you lodge a request for a new paper CT, it will be delivered by registered post. The only exception will be where the registered owner has requested it be held for collection from a designated lodger delivery box in the Brisbane (Albert Street) office of the Titles Registry.
From 1 October 2019, there will no longer be the option to lodge a Form 19 application for certificate of title.