The land conveyancing process in Western Australia is set to undergo a significant change on 7th August 2023. The implementation of the Transfer of Land Amendment Act 2022 will bring about the removal of Duplicate Certificates of Title (Duplicate Titles). This move aligns Western Australia with the electronic conveyancing advancements taking place across the country. In this blog post, we will explore the implications of this change and what it means for landowners and the conveyancing process.
Streamlining Land Conveyancing
The removal of Duplicate Titles signifies a step forward in streamlining the land conveyancing process. Duplicate Titles will no longer be issued or accepted after 7th August 2023. Landgate, the statutory authority responsible for land administration in Western Australia, has emphasised that current registration requirements will continue to apply until the implementation date. The changes are aimed at aligning Western Australia with the national trend towards electronic conveyancing, which offers enhanced efficiency and security in property transactions.
Implications for Landowners
Landowners who possess Duplicate Titles need not take any action after 7th August 2023. Duplicate Titles that existed before the removal date are rendered invalid and:
- Do not need to be returned to Landgate,
- Do not need to be destroyed or
- Do not need to be rendered invalid.
Landowners can choose to retain them as historical keepsakes if they wish to do so. However, it is important to note that Duplicate Titles will no longer have any legal effect for claiming rights, security, or liens over land unless a registered interest or claim for interest is shown on the Certificate of Title. It is advisable for those relying on Duplicate Titles for such purposes to make appropriate alternative arrangements to protect their interests in land.
Continued Registration and Searching
The removal of Duplicate Titles does not affect the way Registered Proprietors, registered encumbrances, and other interests in land are recorded and searched on Certificates of Title in the land titles register. The existing processes for recording and searching for land ownership and encumbrances remain unchanged. This ensures the continuity and reliability of the land titles system in Western Australia.
Information and Webinar
To educate stakeholders about the changes, Landgate is planning to hold a webinar in July, offering an opportunity to learn more about the removal of Duplicate Titles and have any questions answered. More information regarding the webinar and the changes will be communicated through Customer Information Bulletins and the Landgate website. Additionally, industry groups interested in a presentation on the changes can contact Landgate via email. Regular updates on this topic can be found on Landgate’s Facebook and LinkedIn pages.
The removal of Duplicate Titles in Western Australia from 7th August 2023 marks a significant step towards streamlining the land conveyancing process. By aligning with electronic conveyancing advancements, the state aims to enhance efficiency and security in property transactions, ensuring a robust and reliable land titles system.
Reach Out to Mosaic Settlements
Should you have any questions about the Removal of Duplicate Titles, feel free to reach out to our expert team via our contact page. We’re ready and able to assist you.