Categories for Title

WA Duplicate Titles are still going -TLA amended

17/6/2022
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Further streamlining to conveyancing in WA as amendments pass Parliament The passing of the Transfer of Land Amendment Act 2021 (TLAA) in Parliament yesterday (16-06-2022) will further improve and streamline conveyancing in Western Australia, as the state continues to advance electronic conveyancing. Once brought into effect, the amended Transfer of Land Act 1893 will:• Remove duplicate certificates of title from WA’s titling system • Enable the service of notices electronically• Clarify the definition of counterpart documentsThe TLAA provisions will take...

New type of Title, what is a Leasehold scheme, Title, and Reversionary interest

27/5/2020
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The introduction of the new Strata Title Act Amendment has led to the creation of Leasehold Schemes and Titles in WA. A leasehold scheme includes a subdivided underlying title with a reversionary interest and leasehold strata titles. A Leasehold Title is a portion of the subdivided land that acts the same as a freehold parcel for the duration of the leasehold scheme (20-99 years). Reversionary interest relates to the right of the owner of the underlying title. It allows them...

Can a Deceased Joint Tenant Buyer Or (minor) under age of 18 – be e-settled within scope in WA?

16/1/2020
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Question: Can a Minor, or Deceased Joint Tenant Buyer – be settled within an e-settlement scope in WA? A: You may know that the Client Authorisation Form (CAF) immediately ends upon the death of that client (except in South Australia -ref https://www.arnecc.gov.au/__data/assets/pdf_file/0012/698718/MPR-Guidance-Note-1-Client-Authorisation.pdf). Office of State Revenue (OSR) using Revenue-On-Line (ROL) might have an issue with an incompletely signed substituted buyer form. Unless the surviving Joint-Tenant is able to execute for the deceased and provide the Death certificate as evidence with...

WA Certificates of Title to become redundant

27/11/2019
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How the WA State Government is making it easier for property owners to fast track their settlements and refinancing The WA state government via Landgate has put forward a bill that has made your PAPER Duplicate Certificate of Title (record of your property ownership) invalid. What does this mean for WA property owners? The proposal is to make e-conveyancing or digital settlements and refinances easier for those people that have lost their duplicate Certificate of Titles. Previously clients without these...

Transfer of Land Act brings changes

12/6/2018
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The amendments to the TLA have achieved a second reading in Parliament.This Bill aims to amend three key areas of the Transfer of Land Act 1893 (TLA). It:1. Modifies the definition of counterpart documents to improve the processing of mortgages electronically;2. Enables electronic service of many types of notice under the TLA; and3. Removes duplicate certificates of title from the conveyancing process, resulting in greater ability to conduct land transactions in a fully electronic environment.In its submission to Landgate AICWA called for...