Changes to the WA Transfer of Land Act

A Certificate of Title is the original Certificate of Title which provides the legal record of land ownership in WA.

Duplicate Titles (also known as Title Deeds or Paper Titles), were  optional in WA for over 25 years with less than half of all freehold land  having a Duplicate Title issued before Duplicate Titles were removed from the TLA on 7 August 2023.

A Duplicate Certificate of Title, (where there was one issued), was a paper version of the corresponding original Certificate of Title. It was a snapshot of the original Certificate of Title at the exact date and time the Duplicate Title was issued by the Registrar of Titles which shows the current registered proprietors and some encumbrances, however, unlike the original Title, it did not  record information such as caveats, memorials, notifications and property (seizure and sales) orders, which have never been shown on a Duplicate Title.

Electronic conveyancing continues to progress in WA and nationally, providing a safer way for property transactions to occur. The vast majority of land transaction documents are now lodged using electronic conveyancing networks. Having to produce a paper Duplicate Title for an electronic land transaction does not make sense. There are now safer ways to verify a right to deal on a Certificate of Title to record or register an interest in the land other than possession of a Duplicate Title. As Duplicate Titles have been optional for over 25 years, we have been transitioning to this point for a long time including creating safer legal frameworks into the state and national electronic conveyancing networks and registration processes.

Property owners can be assured it is the original Certificate of Title held by Landgate in the land titles Register – not the Duplicate Title – which provides the complete legal, up to date evidence of their property’s ownership in Western Australia.

Property transactions which change the property ownership on a Certificate of Title require the parties to the transaction to have their identity verified and to establish their right to deal on the property in that transaction.

You can order a Record of Certificate of Title Search via Landgate’s website.

Duplicate Titles were  abolished on  7 August 2023. The timing of the change occurred after consultation with the conveyancing, legal and financial services industries and allowed enough time for industry and Landgate systems and processes to be ready for implementation. The timeframe also enabled interest holders time to make alternate arrangements if they were  holding a Duplicate Title as security for an unregistered loan.

Yes, you can hold onto your Duplicate Title as a historical keepsake, but  it has no legal effect.  .

You can  still obtain the information relating to a title by conducting a search of the digital (original) Certificate of Title. This search is called a Record of Certificate of Title and includes all current ownership and registered interests held in the WA land Register relating to that title at the time the search is undertaken.

You can order a Record of Certificate of Title Search via Landgate’s website.

Property transactions which change the proprietorship on a Certificate of Title, or the registration of a mortgage require the parties to the transaction to have their identity verified and to establish a right to deal in that transaction.

Verifying identity and the right to deal mitigates the risk of a fraudulent transaction and gives other parties confidence that they are transacting with the person who has the right to transact. You can also order a Record of Certificate of Title Search via Landgate’s website. This search includes all ownership and registered interests held in the WA land Register relating to that title at the time the search is undertaken.

It’s a misconception that holding a paper Duplicate Title provided absolute proof that a person is the true registered landowner, as it could have been fraudulently obtained or the Duplicate Title could be held as security by a mortgagee. A Duplicate Title may not show an accurate representation of registered interests against a property if there are Memorials, Notifications, Caveats or Property (Seizure and Sale) Orders registered, as a Duplicate Title  never displayed this information. This information is only shown on the original Certificate of Title which is stored by Landgate as a computer record as the single source of truth.

The changes came into effect on  7 August 2023 which means any Duplicate Titles in existence no longer has any legal effect.

The vast majority of land transactions are now lodged through WA’s electronic conveyancing network which has a range of secure checks in place for land transactions that reduce the risk of fraud. These include:

• A closed trusted and insured group of professionals undertaking transactions.
• An obligation for landowners to undergo a Verification of Identity process at the time of putting the property on the market and once again with the settlement agent or lawyer who undertakes the conveyancing.
• An obligation for landowners or other parties to land transactions to establish their right to deal on the property in addition to verification of their identity.
• A client authorisation process.
• Banking institutions use sophisticated software to profile financial transactions.

The security of WA’s digital land titles Register is safeguarded by cyber security practices that are specified by the Government of Western Australia’s Cyber Security policy which provides a comprehensive and systematic approach to mitigate cyber risk and protect personal information. Both the WA Department of Premier and Cabinet’s Cyber Security Unit and Landgate have security monitoring to detect and respond to any unusual activity identified.

The data back-ups for the registry are completed in line with the Information Security Management Guide (ISO27001), which is the international best practice standard published by the International Organisation for Standardisation.

Most transactions on the land titles Register require Verification of Identity and verification of right to deal to be undertaken by conveyancing professionals and mortgagees to establish that the person who is transacting on the title is who they purport to be and that they have the right to deal with the property.

Verifying identity and the right to deal mitigates the risk of a fraudulent transaction and gives other parties confidence that they are transacting with the person who has the right to transact.

All Certificates of Title in WA are securely held within the State’s digital land titles Register as a computer record.

That digital data is stored within Australia, as recommended by the WA Government’s Data Offshoring Position.

The Torrens title land registration system was introduced to Western Australia in 1875. A Duplicate Title was required to be produced for most land transactions so that a record of the transaction could be written or typed onto both the original Certificate of Title and the corresponding Duplicate Title when they were both held in paper form. In 1996, amendments to the Transfer of Land Act 1893 paved the way for WA’s land title Register to become digital and for the introduction of electronic conveyancing.

Issuing a Duplicate Title became optional at this time because electronic conveyancing was designed to operate without a paper-based title. Technology and security measures have continued to evolve. There are now safer ways to verify a right to deal on a Certificate of Title to record or register an interest in the land other than having possession of a Duplicate Title. We have been transitioning to this point for a long time and we have now established safer legal frameworks into the state and national electronic conveyancing networks and registration processes.

This change represents the next phase of the transition away from paper-based settlement processes.

WA’s land titles Register is, and always has been, an open, publicly searchable Register.

Upon payment of the fee prescribed by the Transfer of Land Regulations 2004, a person can order a Record of Certificate of Title to find current ownership and registered interest information for the specified Western Australian property.

Information on historical records, Crown leases, surveys and documents which form part of the land Register, such as transfers, mortgages, easements and caveats, are available for searching. For assistance, email CustomerService@landgate.wa.gov.au

Parties seeking to claim security over land should show their claim on the land Register by registration against the appropriate Certificate of Title if they want to enforce priority over subsequent creditors. Registration is the key to enforcing a claim of security over land. Holding a duplicate certificate of title will no longer provide security for any agreed obligation between the relevant parties.

As the removal of Duplicate Titles came into effect on 7 August, there will no longer be any Duplicate Titles issued. Any pre-existing Duplicate Titles no longer have any legal effect and are no longer required to register land transactions after the implementation date.

No. From 7 August 2023 no Duplicate Titles can be printed or issued.

No. By removing the use of Duplicate Titles, Western Australia is coming into line with most other states in Australia.

The Verification of Identity practice for owners and others who sign a range of real property documents provides a secure transaction framework across Australia and reduces the risk of fraud. Each land title is guaranteed by the State Government. Some simple things you can consider for additional peace of mind could include:

• If you are an owner, you can ensure your postal address shown on your title is kept up to date. This address could be used as your address for service of notices if Landgate, the Registrar of Titles or the Commissioner of Titles needs to contact you. This is a free service requiring a simple form to be signed and lodged with us,
• Review your Power of Attorney and Enduring Power of Attorney arrangements to ensure they reflect current intentions.
• You can order a copy of your title anytime online. This is a quick and cost-effective way to check the current details on your title.
• Subscribing to TitleWatch (paid service) which gives you immediate alerts to tell you about changes to your Certificate of Title for 12 months.