Title deeds only worth the paper they’re written on

CAN you believe September is almost over?

October is sneaking up on us and there are some important changes happening in the Queensland Titles Office in October that you need to be aware of.

Currently, there are approximately 11 per cent of titles in Queensland for which a paper certificate of title exists (also known as “title deeds”).

Those certificates of title are important documents and one of the principal reasons for having a paper certificate issued is to stop the lodgement of other dealings (e.g. transfer of title) without the paper certificate being deposited with the dealing.

However, as of October 1 this year, if a paper certificate has been issued for a property the Titles Office will no longer require that certificate to be lodged to allow the lodgement and registration of other dealings.

What does this mean? It means that once October 1 rolls around any paper certificate of title will cease to have any legal effect.

The Titles Office will also stop issuing paper certificates from that date.

There will be no requirement to physically return paper certificates to the Titles Office and some people may wish to hold on to the certificate for historical reasons or as a keepsake.

If you are holding a paper certificate as a form of security then October 1 is a particularly important date and you should ensure you have obtained legal advice regarding the implications of that document ceasing to have legal effect.

Until next week – Keep it Legal!

Katie Caldow
kcaldow@walkerpender.com.au

*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.