Abolition of paper Title Deeds for land in Queensland

change

The way in which the Titles Registry deals with paper certificates of title (paper CTs) is changing.

On 26th March 2019, a Bill was passed in Parliament amending the Land Title Act 1994.  The amendments mean that, as of 1st 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.

This change means that as of 1st 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.

However - please note - that until 1st October 2019, the current legislative provisions governing paper CTs remain in force.  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 undertaken.  The only exceptions to this will be those exceptions currently provided for by the Land Title Act.

In late April (until 1st October), the Titles Registry will be introducing a changed process for dealing with Form 19 applications for a paper CT.  After lodgement, these applications will be dealt with centrally instead of the current process for dealing with them at regional DNRME 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 1st October 2019, there will no longer be the option to lodge a Form 19 - Application for certificate of title.

Similarly, a Form 17 – Request to Dispense (with production of a CT) will become redundant as of 1st October 2019.

Public Holiday Notice

EKKA
It's Ekka! time and we're closed Wednesday 15 August 2018 for the Exhibition Public Holiday.

We'll be open for business as usual on Thursday 16th.

Have a great time if you're going to the show!

2018-2019 Titles Office Registration Fees

It's that time of year again - Titles Office registration fees will increase from 1 July 2018.

You can download a list of the new fees here.

In summary, fees for popular documents have increased as follows:

Priority Notice - $35.00 (was $34.00)
Base Rate - $185.00 (was $1815.00)
Requisition Fee - $35.00 (was $34.00)

The online calculator will update to the new fees on 1 July.

Introduction of Trust Details Form and changes to Transmission Applications

Introduction of Trust Details Form

From May 2018, Transfers which record a transferee as trustee will be able to be transacted through eConveyancing. To enable this to occur a new practice with regards to trustee documentation is being implemented – a certified copy of the trust deed will not be required and instead only details of the trust will be required.

For consistency in paper, in May 2018 the Titles Registry will introduce a new Trust Details Form (in a Form 20 – Schedule), which can be used as an alternative to lodging the full trust deed. The new form can be used when a Form 1 Transfer is lodged which records a Transferee as Trustee in Item 5.

Changes to Transmission Applications Forms 5 and 5A


In May 2018, a Transmission Application to a personal representative (equivalent to a Form 5) is being introduced in eConveyancing that will also permit an application by a personal representative under a grant (including a grant from a foreign jurisdiction that is eligible for re-seal in Queensland under the British Probates Act 1898).

For consistency in paper from May 2018, applications made by a personal representative supported by a grant from a foreign jurisdiction that is eligible for re-seal in Queensland under the British Probates Act 1898 will be made on a Form 5 instead of a Form 5A. Minor changes to the Form 5A will also be made consistent with the changes to the Form 5.

Grants of probate from the following foreign jurisdictions are currently eligible for re-seal in Queensland under the British Probates Act 1898 and British Probates Regulation 2008:

• Other Australian states and territories
• New Zealand
• The UK and Northern Ireland

For ease of reference, the Titles Registry will refer to these grants as Queensland recognised grants.

Currently, an application made by a personal representative supported by a Queensland recognised grant that has not been re-sealed in Queensland is made using a Form 5A supported by a declaration in relation to a court file search. However, from May 2018 this type of application will be made on a Form 5.

Additional information

A more detailed explanation and examples of the Trust Details form, new Form 5 (version 7) and new Form 5A (version 8) are contained in a Changes Summary Document available on the Titles Registry Forms page (www.business.qld.gov.au/industries/building-property-development/titles-property-surveying/titles-property/titles-registry-forms).

There will be a transitional period until 30 September 2018 when Version 6 of the Form 5 and Version 7 of the Form 5A can still be used.

Further Titles Registry Alerts will be sent out and the Land Title Practice Manual updated closer to the implementation date in May 2018.

Changes to requirements for deposit of trust documents with Mortgages and Leases

Please note that there has been a practice change in relation to the requirements when a mortgage or lease is lodged with the Titles Office which will record a mortgagee or lessee as a trustee on title.

There is no longer a requirement to provide details of the trust instrument when lodging a mortgage to a trustee mortgagee or when lodging a lease to a trustee lessee (e.g. by depositing a copy of the trust deed or referring to a previous dealing where the trust deed was deposited).

Amendments have been made to sections [2-0100] and [7-2050] of the Land Title Practice Manual.

Titles Office - Change of Dept. Name and Cheque Payee

The Department of Natural Resources and Mines has now become the Department of Natural Resources, Mines and Energy.
They have advised that cheques in payment of lodging fees should now be made out to the above, or DNRME as an acceptable abbreviation.

Form 23 Settlement Notice End of Life

Further to Titles Registry Alert 138, please note that from 1 January 2018. Settlement Notices can no longer be deposited in the Titles Registry.

The current Queensland Settlement Notice mechanism will be replaced by a Priority Notice mechanism as part of a move toward national consistency in a range of titling processes to support national electronic conveyancing in Australia. 

While the fundamental purpose of the new Priority Notice will be the same as the current Settlement Notice, there are a number of minor changes, including application to a wider range of instruments and the ability to extend the effect of the notice for 30 days. The new mechanism will allow a person who is, or will be, a party to an instrument intended to be lodged to deposit a Priority Notice.  A Priority Notice will identify each instrument to which the notice relates and with a few exceptions, the deposit of a Priority Notice will prevent registration of other instruments affecting the lot or an interest in the lot until the notice lapses after 60 days or is withdrawn, removed or cancelled.  A Priority Notice will be able to be lodged through eConveyancing or through eLodgement or in paper.
This change takes effect from 1 January 2018 in line with the commencement by Proclamation of relevant provisions of the
Land and Other Legislation Amendment Act 2017.  
It is important to note that there will be no transition period.  
This means Settlement Notices can only be deposited until the Titles Registry’s close of business in December 2017. Settlement Notices can NOT be accepted by the Titles Registry from 1 January 2018 even if the Form 23 was executed prior to 1 January 2018.

A Form 23 - Settlement Notice deposited prior to 31 December 2017 will continue to have effect until it lapses or is withdrawn, removed or cancelled.
From the commencement of business in January 2018 only Priority Notices (and not Settlement Notices) will be accepted. Priority Notice Forms can be accepted from this date even if they were signed prior to 1 January 2018.

When a Notice is intended to be deposited after 1 January 2018 but is being prepared in the weeks prior to that date, it is the Priority Notice form (and not the Settlement Notice form) that must be used.

The fee to deposit a Priority Notice is the same as the deposit fee for a Settlement Notice (currently $34). The Titles Registry fee calculator will be updated in 2018 to include the new Priority Notice. 

The Priority Notice Form is now available online at https://www.business.qld.gov.au/industries/building-property-development/titles-property-surveying/titles-property/titles-registry-forms
Part 23A regarding Priority Notices and their withdrawal and extension has been inserted into the Land Title Practice Manual https://www.business.qld.gov.au/industries/building-property-development/titles-property-surveying/titles-property/practice-manual

Public Holiday Notice

Monday 2 October 2017 is the Queen's Birthday Public Holiday in Queensland, and our office will be closed.

We'll be re-open for business as usual on Tuesday 3 October 2017.

Public Holiday Notice

It's Ekka! time and we're closed Wednesday 16 August 2017 for the Exhibition Public Holiday.

We'll be open for business as usual on Thursday 17th.

Have a great time if you're going to the show! Hope you had your flu shot.

2017-2018 Titles Office Registration Fees

It's that time of year again - Titles Office registration fees will increase from 1 July 2017.

You can download a list of the new fees here.

In summary, fees for popular documents have increased as follows:

Settlement Notice - $34.00 (was $33.00)
Base Rate - $181.00 (was $175.00)
Requisition Fee - $34.00 (was $33.00)

The online calculator will update to the new fees on 1 July.