Replacing lost or destroyed title documents

Last updated April 13 2010

What is a title?

In Victoria most land is owned under a system of registration generally known as ’Torrens title‘. If you have a Torrens title, the original is held by the Victorian Registrar of Titles, which means that you can apply for a replacement of the duplicate of that title which is issued by the Registrar as a record of ownership for you or your mortgagee (see below) to keep.

Some land in Victoria has not been brought under the Torrens system. If this is the case, your title will consist of a number of original documents, usually described as a ’conveyance‘ or ’mortgage‘ (although some documents contain wording referring to them as ’indentures‘ or ’deeds‘) going back over a period of at least 30 years. If these documents (generally known as a ’general law chain of title‘) have been lost, the procedures to replace them are more complicated and involve an application to the Registrar of Titles to bring your land under the Torrens title system. In such circumstances we recommend that you consult a lawyer who has experience in such matters. Refer to the Law Institute of Victoria’s Legal Referral Service or phone (03) 9607 9550.

This information sheet deals only with the requirements to replace a Torrens title.

What do I need to do?

Try to find the certificate of title

First you should check whether you are holding a certificate of title or if someone else is holding it. If your land is subject to a mortgage, the title should be held by whoever loaned the money to you ('mortgagee'), often your bank. If you have any concerns or cannot remember whether you have repaid your mortgage or not, you should make these enquiries of the mortgagee or its lawyers.

If you do not have a mortgage and cannot find your title, you should conduct the following enquiries:

• Check all documents which you are holding as these may contain the original title or a copy of it and a letter advising who is holding it.

• How do I identify the title?

  There are two types of certificates of title in Victoria:

  1. Older ones produced on heavy cream coloured paper which can be in sizes A4 or B4. The words ’Certificate of Title' are printed at the top of the title and, in the top right hand corner, there are some numbers after the words ’Vol‘ (for ’volume‘) and ’Fol‘ (for ’folio‘). Usually the title will also include a map or diagram. These titles record all transactions with the land and are endorsed with printed or handwritten details.
  2. Computerised titles in A4 size. These are printed on blue security paper with a hologram and blue seal on the front page and an authentic eagle watermark. They contain the words ’Certificate of Title – Victoria‘ in the left hand margin along the side of the paper and also have volume and folio numbers in the top right hand corner. They only record the current land ownership and any mortgages or other things which affect the land and do not include a map or diagram.
• Check the contents of any safe deposit boxes and safe custody envelopes and look in any other place where you keep important documents.
• Make enquiries of the lawyer or conveyancer who acted for you when you purchased the land or had any other dealings with it, for example if your mortgage was repaid and discharged. Often important documents are retained in your lawyer's deeds room. Even if the lawyer or conveyancer does not hold the original certificate of title, if your file is less than seven years old, it may be possible to obtain copies of the title and confirm what last happened to it from the contents of that file. (The same applies if you have a general law title, as explained above).

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 title, as explained below.

How do I replace the title?

If you had insurance for the contents of your property, the cost of replacing documents which, for example, have been destroyed by fire at that property, may be covered by the 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 contact details provided by insurers are as follows:

You can make your own application to replace the certificate of title – refer to Your guide to replacing a lost or destroyed certificate of title  PDF, published by the Department of Sustainability and Environment.

Alternatively, you may wish to instruct a lawyer to prepare the application and lodge it for registration on your behalf. If you decide to do this, the lawyer will need the information referred to above regarding the searches which you made for the 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.

The documents which are normally required for the application are:

• A title search which includes a search which identifies the party to whom the title was last issued (an issue search). The requirement for an issue search has been waived if your title was destroyed in the Black Saturday bushfires.
• A completed application form for a new certificate of title in place of one lost or destroyed.

• Statutory declarations from the following persons:

  1. the applicants for the replacement title (usually the registered proprietor(s)); and
  2. each person who had custody of the certificate of title.

  Where your title was destroyed in the Black Saturday bushfires a special form of statutory declaration can be used and must be accompanied by some form of identification (usually a driver's licence) if the application is not lodged by a lawyer or licensed conveyancer. Otherwise the statutory declarations must contain the information which follows.

  The relevant statutory declaration or declarations must make it clear when, where and by whom the certificate was last seen and explain who looked where to find the missing title. Any discrepancies between documents (for example different spellings of names) must also be explained.

  The applicant's statutory declaration must also contain other wording required by the Registrar of Titles stating that the missing certificate has not been deposited as a security and is not held by another by way of lien (namely as security for a debt) and an undertaking to return the missing certificate of title to the Registrar of Titles if it is ever found.

  Other information may be required depending on the actual circumstances of loss or destruction. This is because the staff at Land Registry are required by law to satisfy themselves as to certain evidence before approving an application for a replacement certificate of title.

• A copy of your most recent rate notice or current rate certificate showing the council valuation. If this has also been destroyed, you will need to contact the rates department of your council to obtain this information or your lawyer can do this on your behalf. This requirement has been waived if your title was destroyed in the Black Saturday bushfires.

Additional documentation will be required where, for example, one or all of the registered proprietors have died.

Your lawyer can attend to all of the above documentation.

What will it cost?

Lawyers' fees

These will depend on the amount of work involved. If the total legal costs excluding disbursements are likely to exceed $750, lawyers are required to write to you providing details of their costs.

Title and issue searches

These depend on the fees charged by Landata or the service broker supplying the search but are usually between $12 and $16.

Fees payable to Land Victoria (from 1.7.09)

These fees increase on 1 July in each year.

Contribution towards Assurance Fund

This is like an insurance contribution and is calculated based on the value of the property and the degree of risk (or uncertainty) that the certificate of title might have been used fraudulently.

The following scale applies to low risk cases:

The fee is calculated per title, not per application (which can include multiple titles).

If the Registrar of Titles considers that the risk of fraudulent use is higher than normal, this contribution may be increased.

The contribution must be paid when lodging the application and is not refundable.

The lodging fees and Assurance Fund Contribution will be waived if your title was destroyed in the Black Saturday bushfires.

Public notice

Sometimes Land Registry will also require you to place a public notice of the application in a newspaper. This is calculated according to the newspaper's normal charges. Usually these are placed in The Age or the Herald Sun.

Why should I replace my title?

Sometimes you will only need to produce a title search to confirm that you are registered as proprietor of your property. However, in other circumstances you will need the certificate of title, for example:

• When you sell your land; or
• If you grant a mortgage over your land (as the mortgagee will want to hold the original title as security for repayment of the loan).