You’re going to hear a lot of different terms and phrases thrown around when requesting and reading a Certificate of Title in Victoria.
And unfortunately, each of them are pretty darn important if you want to find the information you need for your construction, renovation or upcoming purchase!
If you want to make the right calls and kick off your sale, purchase or project on the right foot, it’s imperative that you have a proper understanding of the most common Certificate of Title terms.
Luckily for you, we’ve put together this convenient list of different terms that pop up when dealing with Titles - think of it as your very own Certificate of Title FAQ or glossary!
What terms might you encounter when reading your Certificate of Title?
Title Registered Search Statement
One of the most common terms you’ll see pop up during a Certificate of Title search is this one. It’ll pop up everywhere - so, is it a separate document?
Not at all - rather, this is essentially the formal name for a Certificate of Title!
The Certificate isn’t the Land Title itself - rather, it’s simply a document that lists all of the information attached to the Title itself, including details about:
- Ownership
- Restrictions
- Property boundaries
And more - if there’s something you need to know about your parcel of land, chances are it’ll be attached to your Title - and that it’ll therefore show up on this document.
Land Use Victoria
This division of the Department of Environment, Land and Water is the main body in Victoria that’s responsible for creating new Titles as well as recording changes in existing ones.
Additionally, it’s also the main source of information for Crown and freehold land, property valuation, survey advice, and access to title, survey and property sales information.
Here, you’ll be able to lodge requests for documents, read up on relevant statutes and find all sorts of useful information.
Parcel of land
The individual piece of land for which a Title is issued. In addition to the property itself, this refers to everything within the boundaries - on top of the building itself, it’ll also include gardens, driveways and more.
Your Certificate of Title will refer to parcels of land, and not just a building.
It might sound like a minor detail, but when it comes to making a purchase, it’s important that you get everything right, including using the right terminology.
Encumbrances
You aren’t the only party with an interest in a certain parcel of land - in many cases, there are other parties that have some sort of interest in the land.
When you buy a parcel of land with encumbrances attached, you’ll need to either sort them out or work around them.
These interests can range from formal legal and financial interests, to informal agreements, and cover a wide range of different limitations including caveats, covenants, mortgages, leases and easements.
Caveat
The dictionary definition of a caveat is a provision or condition that you need to follow - when it comes to property however, the definition changes.
You aren’t always the only party who has an interest in a parcel of land - in many cases, there will be other parties who have some sort of legal interest or right to a property
- Renters or lessees
- Individuals who hold options to the property
- Beneficiaries (if the property is held by a trust)
Caveats in this context are documents or notes that identify these other interests, which will need to be settled before you can purchase a parcel of land.
Covenants
A covenant is a formal, written (not verbal) agreement between the owner of a parcel of land or property restricting how the property can be used.
This can range from broad agreements such as only using a parcel of land for residential purposes, down to more specific agreements such as exact materials allowed to be used in any future construction or renovation.
The details will vary depending on the owner - one thing that isn’t different however is the need to adhere to these covenants (unless you get them removed by appealing them).
Easements
While it may be your parcel of land, there are certain other parties that may have a legal right to access or use certain parts of it for specific purposes.
Easements are how these rights are recorded, with the two main categories being:
- Service easements - for utilities operators who might need to access your property to perform work or check your meter
- Access easements - other parties may need to cross your property to access their own (such as townhouses)
Similarly to caveats, easements can limit what you can do with your parcel of land, and can require you to adjust your plans to ensure that you’re still respecting any easements attached to the property.
Volume and folio numbers
Located at the very top of your Certificate, volume and folio numbers (Vol/Fol for short) are how Titles are identified and organised.
Think of it as a reference number for your Title - if you ever need to perform a copy of your Certificate of Title, having your Vol/Fol number ready to go can make the process considerably faster and easier!
Land Index search
Having your Vol/Fol number can be a huge help in speeding up your Title search. If you don’t have it however, you should start by performing a Land Index search.
On top of your Vol/Fol number, a land index search can help you uncover a lot of different information about a property, such as:
- Owner name
- Address
- Lot/plan number
Just bear in mind that the Land Index is only available for use by users signing a Deed of Grant, a document that’s used to transfer property from one party to another.
Administrator
In cases where you’re buying a property off an estate, you may have to deal with an administrator.
Remember that the administrator of an estate is not the same as the executor of the Will - while there’s overlap in their responsibilities, the key difference is that an administrator is appointed by the courts, while an executor is chosen by the deceased themselves.
Manner of Holding
If you’re buying a parcel of land that’s shared between multiple owners or you plan on making a joint purchase, this is a term you’ll probably see pop up frequently.
Essentially, this refers to the way land is held between multiple owners.
Their shares, their respective rights… all of this is recorded under the Manner of Holding, which is attached to the Certificate you receive.
Subdivision
When a parcel of land is split into separate parts to be sold separately, this is referred to as a subdivision.
In cases where land has been subdivided, the Certificate of Title will be adjusted to reflect this, with a new Title (and therefore, a new Certificate) created for the newly subdivided parts.
Learn more about the role your Certificate of Title plays in subdividing property.
Adverse possession
When an individual occupies someone else’s parcel of land without their permission, the owner is well within their rights to eject them.
If this has continued for a long time - 15 years under Australian law - and the owner has failed to take any action to reclaim their property, then the occupant may have a legal claim to the property thanks to their continued actual use of the land.
This is referred to adverse possession and when this happens, the Title is transferred to the occupant, extinguishing the rights of the original owner.
Need an Certificate of Title in Victoria?
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Understanding your Certificate of Title is important - to do that however, you’ll first need to get your hands on it, as well as a mountain of other instruments, documents and property information.
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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.