Disaster Legal Helpline
Disaster Legal Helpline
Last updated: October 2020
In Victoria, most land is owned under a system of title by registration known as 'Torrens title'. A land title is an official record of who owns a particular piece of land.
If you own land under the Torrens title system and your property is not mortgaged, the original title to your land is held by the Victorian Registrar of Titles as an entry in the official Register of Titles. You are entitled to a paper copy of the original title, which is known as a 'Certificate of Title'. A paper Certificate of Title shows your name, the date the certificate was created and all recordings made at the time it was issued, including any warnings that there is a claim lodged against the land, called caveats. Although the Victorian Registrar of Titles will generally issue only one paper Certificate of Title, if you lose your paper Certificate of Title or it is destroyed you may apply to Land Use Victoria for a new one to be issued.
The conversion of paper Certificates of Title to paperless, electronic Certificates of Title is currently in progress in Victoria and is considered the standard practice. This means that, generally Certificates of Title for land in Victoria are in electronic form and eventually, there will be no paper Certificates of Title. If your land title has previously been converted to an electronic Certificate of Title, your lawyer or conveyancer will have control of the electronic Certificate of Title. If the land you own is mortgaged to a major bank, it is likely that the title has been converted to an electronic Certificate of Title and the bank (or the bank’s lawyer) has control of the electronic Certificate of Title. If your land title has been converted to an electronic Certificate of Title, a duplicate Certificate of Title will not be issued to you in paper form unless requested and the Certificate of Title is converted to paper form.
This information sheet only deals with the requirements to replace a paper Certificate of Title for Torrens title land. It does not deal with general law land not subject to the Torrens title system. We recommend that you consult a lawyer with relevant experience in general law land, if applicable. Refer to the Law Institute of Victoria Legal Referral Service website.
If your Certificate of Title is a paper Certificate of Title, you will need to produce the Certificate of Title whenever you are required to confirm you are the owner of your land. This may include when you wish to:
You should keep your paper Certificate of Title safe because it is evidence of your ownership of land in Victoria and you will need it when you are dealing with your land. It is also time-consuming and expensive to replace your paper Certificate of Title.
There are many ways to store a Certificate of Title safely. The method you choose depends on your own circumstances. For instance, you may choose to use:
If you choose to store your paper Certificate of Title at home, make sure you know exactly where it is, that it is secure in the case of a break-in, and that you take it with you if you need to evacuate in case of a bushfire. Alternatively, you may wish to consider converting your paper Certificate of Title to an electronic Certificate of Title.
First you should check whether you or someone else holds the paper Certificate of Title. If your land is subject to a mortgage, the Certificate of Title is usually held by whoever loaned the money to you, often your bank.
Land Use Victoria has recently converted all paper Certificates of Title held by banks (and other authorised deposit-taking institutions) to electronic Certificates of Title. This means that unless your property is mortgaged to a company or other person who is not a bank, there won't be a paper Certificate of Title.
If you have recently repaid your mortgage, the electronic Certificate of Title held by the bank may have been converted into a paper Certificate of Title because there is no longer a mortgage and you will receive a new Certificate of Title. If this is the case, it may still be held by your bank for safekeeping.
If you have any concerns or cannot remember whether you have repaid your mortgage, speak to your bank.
There are two types of paper Certificates of Title in Victoria:
If you do not have a mortgage and cannot find your paper Certificate of Title, you should conduct the following enquiries:
You should make a note of all of the searches you have made, as this information will be required in connection with your application to replace the paper Certificate of Title.
Provided that your Certificate of Title is not an electronic Certificate of Title, you can make your own application to replace your paper Certificate of Title. To do this, you will need to:
Further details about this process can be found in the 'Guide to replacing a lost or destroyed Certificate of Title', available from Department of Environment, Land, Water and Planning. Other information may be required depending on the circumstances of the loss or destruction of the Certificate of Title, as Land Use Victoria is required by law to satisfy itself as to certain evidence before approving an application for a replacement paper Certificate of Title.
You may wish to instruct a lawyer to prepare the application on your behalf. If you decide to do this, you should advise the lawyer of the searches you made for the paper Certificate of Title and, if possible, the volume and folio numbers. If you do not have a record of the volume and folio numbers, the lawyer will need the full names of the owners of the land and the property address in order to identify the correct title and to obtain a title search to help them prepare the application. Your lawyer will undertake the verification of identity check directly with you.
These will depend on the amount of work involved. If the total legal costs excluding GST and disbursements (which are your lawyer’s out-of-pocket expenses such as photocopying fees) are likely to exceed $750, lawyers are required by law to write to you providing details of their costs.
As at the financial year commencing 1 July 2020, the current fee for replacing a lost or destroyed Certificate of Title is $397, which includes a flat Assurance Fund Contribution (similar to insurance) of $200.
If the contents of your property were destroyed, for example by a fire at that property, the cost of replacing documents may be covered by your insurance policy. If you do not have a copy of the policy to check, you can contact your insurer to find out if the cost is covered by your insurance. Some insurers may also provide emergency assistance if your property has been destroyed or damaged by a bushfire. You should contact your insurance provider to seek reimbursement of these replacement fees.
Insurance company |
Website |
Contact number |
---|---|---|
Suncorp Metway Ltd |
Claims: 13 25 24 |
|
Allianz |
Claims: 13 10 00 |
|
RACV Insurance |
Claims: 13 19 03 |
|
CGU Insurance |
Claims: 13 24 80 |
|
GIO |
Claims: 13 14 46 |
|
OnePath (formerly ING Insurance) |
Claims: 13 20 62 |
|
QBE Insurance |
If you are insured via an insurance broker and your claim is during business hours, you should contact your insurance broker before contacting QBE. |
Claims: 13 37 23 |