Lost Land Title: What to Do

A lost title is a common problem, particularly for property that has not been dealt with for a long time or that was once held by a bank. The good news: it can be resolved. The less good news: it takes time, and time is usually what you do not have when a buyer is waiting.

Ownership is not lost

Ownership is determined by what appears on the land office record, not by who holds the paper. Losing the document does not make you not the owner. But dealings require the title document, so it has to be replaced before anything can proceed.

When it is usually discovered

• When selling and the solicitor asks for the original title
• When applying for a loan and the bank needs it for the charge
• When dealing with an estate after the owner has died
• After a loan is settled and the bank cannot locate the title in their custody

The basic process

• Official title search to confirm the particulars and current status
• Establishing when and how the document was lost, and who held it last
• Preparing the application and the required supporting documents
• Lodging the application at the land office
• Waiting for the process and issue of the replacement title

What causes delay

• Uncertainty over who held the document last
• The bank has merged or changed name, so records have to be traced
• Particulars on the record differ from current identity documents
• The registered proprietor has died, so the estate has to be resolved at the same time
• An unresolved caveat or charge

If there is a buyer waiting

Tell your solicitor early so the completion period in the sale and purchase agreement allows for the time required. Fixing a tight date without allowing for a replacement title application almost guarantees an extension request and late interest.

If the bank lost it

This happens, particularly with older loans that have been settled. Start by obtaining written confirmation from the bank about the loan status and whether they still hold the document. That confirmation is useful in the replacement application.

How to avoid it

• Keep the title somewhere secure and known to more than one family member
• Once a loan is settled, deal with the discharge and return of the title promptly
• Run periodic title searches to confirm the position
• Keep copies of important documents separately from the originals

Frequently asked questions