Your Certificate of Title is one of the most important documents when it comes to your parcel of land - not only does it prove your ownership, but it also establishes important information such as:
- Covenants
- Caveats
- Property boundaries
- Easements
Of course, your Land Title isn’t static. Over the lifetime of the property, you might have to make all sorts of edits, adjustments and changes to the Title.
And that often kicks off a lengthy process, and usually requires a mountain of documents and property information.
If you’re thinking of joining them, you’ll need to start by taking a look at your Certificate of Title..
What does this involve?
Reasons you might need to update, edit or change your Land Title (and what they involve)
Buying and selling property isn’t the only reason you might have to change or amend your Land Title - there are a whole range of reasons you might need to make modifications or changes.
Some of these changes are pretty routine, such as updating your personal details. In other cases, you might have to update your Title for as part of a major change in your circumstances.
Depending on the reason for the change, the exact process can vary.
To help you understand what you might be getting yourself into, we’re going to dive into some of the more common reasons, and what the process might look like for each of them...
Changing your details
Changing your name means changing a whole bunch of other documents, accounts and information - but does that include your Land Title as well?
Good news: when you change your name, there’s no requirement to immediately update your Certificate of Title. You can get away with waiting until you need to deal with the land before updating your personal details.
In fact, name changes individually aren’t even an instrument you can apply for on their own!
Most of the time, name changes are included in other land transactions like selling - all you’ll need is to lodge a Change of Name and attach it to the rest of your documents when selling, subdividing or discharging your mortgage.
Subdividing or changing property boundaries
Unlike a lot of the other reasons listed here which are relatively straightforward and only involve updating details, subdividing, consolidating land or updating property boundaries requires a lot more work.
Firstly, you’ll need to perform a Certificate of Title search to learn the boundaries of your parcel of land, as well as existing restrictions, easements and caveats.
Next, your land surveyor will draft your subdivision plan and complete the permit and application process.
Finally, your plan will go to utilities providers as well as infrastructure and statutory bodies like VicRoads for approval, before being registered with the Title Office to create new or amended Land Titles.
There’s a lot more that goes into it - luckily, this isn’t the first time we’ve written about it. Click here to read what we’ve said about this topic in the past!
Paying off a mortgage
If you have a mortgage, the Certificate of Title is actually held by your bank until the amount owed is paid off in full.
Only then does it transfer to you!
To do that, you’ll need to register a Discharge of Mortgage with Land Victoria - alternatively, some banks will do it on your behalf.
There’s also the option to register online using PEXA (Property Exchange Australia Ltd), though you might need to engage a PEXA subscribed conveyancer or lawyer to do so.
Once you’re registered and paid the fee, you’ll receive a new Certificate of Title that’s solely in your name.
Adding another person to the Title
Perhaps you’ve just gotten married, and want to update your Certificate of Title form to add your spouse to it.
First thing’s first: if you still have a mortgage, you’ll need to inform your lender that you’re adding another person to the home loan before you can update your Title. Fortunately, some lenders will update your Title for you (for a fee, of course).
- Transfer form - specifically, you’ll need to list your spouse as a transferee, and list yourself as both transferor and transferee
- Otherwise, you’ll need to Add your partner to the Certificate of Title on your own - to do that, you’ll need to get in touch with Land Victoria with a copies of your: Certificate of Title form - in order to add your spouse, you’ll need a copy of your current Certificate of Title
- Mortgage documents - your bank may be able to provide additional forms to help you meet the requirements of your transfer
This process can become surprisingly complicated, especially if you decide to refinance your home loan while you’re at it - if that’s the case, we recommend getting in touch with a conveyancer.
Death of the owner
Is the property jointly owned? If so, it automatically becomes the property of the surviving owner, pending a surviving proprietor (owner) application with Land Use Victoria.
This lets them know that one of the owners has died, and to update the Certificate of Title to reflect the remaining owner’s sole ownership.
Otherwise, the property and its accompanying Title will be transferred to the executor or administrator to distribute in accordance with the owner’s Will (after applying for a Grant of Probate or Letter of Administration).
It all starts with your Certificate of Title search
There are many reasons you might need to update your Title. In many cases however, the first step is the same: to get a copy of your Certificate of Title.
Whether it’s to evaluate the current boundaries of your parcel of land, learn about restrictions and easements on the property or to formally identify yourself as the owner, getting ahold of the Certificate of Title is an important first step.
It’s also one that can take a considerable amount of time!
Our Certificate of Title search is quick and easy, allowing you to focus on all of the other work that comes with updating or changing your Land Title. Using our direct connections with land registries, you’ll be able to see straight away:
- If your land is Titled
- Who it’s Titled to
- Property boundaries and dimensions
- Restrictions, easements and caveats
You can’t do much with any property in Victoria if you don’t have a copy of the Land Title - any delay with said Title can cause your plans to be delayed.
Working in real-time, our API lets you know as soon as your Certificate of Title form is ready, saving you time during what can be a stressful period!
Property information made easy
If you’re planning on subdividing (or consolidating), chances are the Certificate of Title isn’t the only document you’ll need to get your hands on.
Our automated property information system has one goal: to make your life easier. Why would you spend hours on the phone, replying to emails or waiting in queues when you could get all the documents and information you need with the click of a button?
All you’ll need to do is:
- Create an account
- Select the property information you need
- Wait for it to come in
Whether you only need your Certificate of Title or need a mountain of forms for your upcoming planning permit application, we can help you get it.
Have questions? Feel free to get in touch with our friendly team today:
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Get in touch online.
- Call on (03) 8527 6300
The information in this article is general in nature and does not constitute legal advice. As with all things property, we strongly recommend consulting a professional to ensure that all stages of your building project (including the Title search) go smoothly.