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I have lost my Certificate of Title - What do I do?

Thursday 18th of May 2023
By: Georgia Aanensen, Conveyancing Clerk, Coote Family Lawyers

Many thanks for your help throughout the process. 

I have turned the house upside down and can't find my Certificate of Title.  What do I do?

It is not out of the ordinary for clients selling or transferring their property to have misplaced or lost their Title. 

When you are selling or transferring real property, the Victorian Land Registry require your original Certificate of Title to be available or nominated for lodgement with any Transfer of Land, Survivorship or Transmission Application.  Your Title is also required when you are transferring property between spouses as part of a Family Law Settlement. 

If after turning the house upside down and exhausting all enquiries, you are unable to find your paper Certificate of Title, do not panic, as we can assist you with obtaining a replacement. 

Section 31 of the Transfer of Land Act 1958 allows you to make an application for a lost, destroyed of obliterated paper Certificate of Title. 

The Land Registry now have a very straightforward and easy process in place to apply for a replacement Title. 

It is easiest for you to engage a solicitor to assist with preparing the Application which must be submitted with a supporting Statutory Declaration signed by your solicitor.  The Statutory Declaration confirms that the solicitor has carried out the required enquiries with all of the relevant parties in an attempt to locate the Title before loading the Application on your behalf.  If you require assistance with this process, please do not hesitate to contact us on 03 9804 0034. 

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Grateful to you both for your steady, comprehensive and pragmatic advice yesterday.

"At Coote Family Lawyers, we’ll get you to the other side."
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