On Monday - 7 August 2023 - Duplicate Titles will be removed from the land conveyancing process in Western Australia.
This is part of the changes made by the Transfer of Land Amendment Act 2022 and will bring Western Australia into line with most other states in Australia.
Understanding the facts of this change
WA’s conveyancing and financial services industries have been consulted on these changes and are well-prepared.
Property owners have been informed in recent months about this legislated change through radio and digital advertising, with website resources (FAQs, a fact sheet and video) made available through Landgate’s Changes to the WA Transfer of Land Act page.
Landgate is aware that a small portion of property owners have recently come under the impression they need to order a paper copy of their property’s ‘historical’ Certificate of Title to ensure the security of their property ownership.
This is not accurate. We have published some additional FAQs on our website to help clarify and the key points are:
- The removal of Duplicate Titles on 7 August does not require property owners to take any action to prove they own their property.
- The Original Certificate of Title for every property in Western Australia will remain unchanged. There will be no change to property ownership or registered interests and encumbrances on 7 August.
- This Original Certificate of Title provides the complete legal evidence of your property’s current ownership in Western Australia. This is already securely held by Landgate within WA’s official Land Title Register as a digital record.
- A ‘Record of Certificate of Title’ is a copy of the current information in this Original Certificate of Title and can be ordered on Landgate’s website at any time if you require a record of your property ownership.
- A historical record of your property’s Certificate of Title (or the Parent Titles your current title is subdivided from) is a different type of record entirely and does not prove current ownership of your property.
- However, if a historical record of a property title is still something you are interested in receiving, this can be searched and purchased at any time via Landgate’s historical records page. There is no urgency to do this.
For further information
Please use the online resources provided above or view the new additional FAQs if you have further questions on your proof of property ownership.
Regards,
Bruce Roberts
Registrar of Titles
