Your Certificate of Title is an important document, therefore please ensure that you take all reasonable steps to keep it safe. Before making a Lost Title Application please ensure that you have done all searches to locate the Title and once you are satisfied that it is lost or destroyed you should then make the application.
If you own registered land and have lost your Certificate of Title the only substitute that can be obtained is a new Certificate of Title.
To apply for a Lost Title you must either be:
If you are an applicant acting in place of a deceased owners as on the title, you must lodge proof of your authority to apply, for example, probate or letters of administration. If you are applying for and on behalf of a corporate body you must state that you have the authority to do so and provide proof that the company is still in existence. This will normally be a current Certificate from the Office of the Registrar of Companies.
If the Title is owned by more than one person, all the owners must make the application or you must lodge evidence why this is not so, for example, evidence of death by way of an application to note death if you are registered as joint tenants or an application to register the personal representatives.
In order to obtain the new Title, the applicant needs to forward to the Registrar of Titles a Statutory Declaration setting out the complete details of the loss or destruction.
Basic Information Required
If you wish to deal with your land e.g. Transferring or Mortgaging your property then you can at the time of making your application lodge the necessary documents to effect the dealings. You will be required to lodge an application to dispense with the production of your Title.
When the application is accepted by the Registrar of Titles you will be directed to advertise in a Newspaper. The name of the newspaper and time required will be included in the Advertisement.
The relevant sheets of the newspaper with the date thereon should be forwarded to the office. Final Fees for the new Title and Plan (if applicable) should also be enclosed. If your missing title is located before the new Title is issued, please inform the office immediately and the application will be discontinued, if it has been located after the new Title has been issued, deliver the old Title to the Registrar for cancellation.
If order to safeguard against fraud we might request verification of the identity of the applicant. It is also advisable that the Justice of the Peace witnessing the signature of the applicant should expressly state what form of identification was presented by the person signing the document as well as the number of the identification if any.
WARNING : Any person who makes a false claim and fraudulently applies for a Title is committing a criminal offence and will be prosecuted.
This brochure sets out basic requirements that need to be met in order for us to issue you a new Title. However, we might still need to ask that you furnish us with further evidence of the loss or destruction. We recommend that you seek the services of an attorney-at-law who will assist in preparing the application on your behalf.