Settlement day has arrived, the keys are in your hand and the purchase is complete.
Then a few weeks later, you might wonder:
“Where is my title?”
Many buyers expect to receive a physical Certificate of Title showing their name as the new owner.
In Victoria, however, property titles are generally managed electronically, so the process may be different from what you expect.
What Is a Certificate of Title?
A Certificate of Title is an official record relating to a parcel of land.
It contains important information about the property, including details of the registered proprietor and interests recorded on the title.
Historically, paper Certificates of Title were commonly used.
Today, Victorian land title dealings are generally conducted electronically through the electronic conveyancing system.
This means buyers should not necessarily expect a physical title document to arrive in the mail after settlement.
Will I Receive a Physical Title After Settlement?
Generally, you should not expect to receive a new paper Certificate of Title simply because settlement has occurred.
The transfer of ownership is dealt with through the relevant electronic lodgement and registration processes.
Once the transfer is registered, the official land register records the new registered proprietor.
Your conveyancer can confirm the registration status and provide relevant documentation or evidence where appropriate.
Does Settlement Mean I Am Already on the Title?
Settlement and registration are related but different steps.
At settlement, the financial and contractual part of the transaction is completed.
The transfer is then lodged for registration with the relevant land titles authority.
Once the transfer is registered, the title record is updated to show the new registered proprietor.
This is why your conveyancer may tell you that settlement has occurred but registration is still being processed.
How Do I Prove I Own the Property?
There are several documents and records that may help demonstrate your ownership.
Depending on the circumstances, these may include:
- A title search
- A copy of the registered title
- A registration confirmation
- The registered transfer
- Settlement documentation
- Your conveyancer’s post-settlement confirmation
The most appropriate evidence can depend on what you need it for.
For example, a bank, insurer, government authority or other organisation may request different documents.
What Is a Title Search?
A title search is a search of the land register showing information recorded against the property.
A title search may show information such as:
- Registered proprietor
- Title details
- Mortgages
- Caveats
- Easements
- Covenants
- Other registered interests
After your purchase has been registered, a title search can be used to confirm the registered ownership details.
Do I Need to Order a Title Search After Settlement?
Not necessarily.
Your conveyancer will generally monitor the registration process and advise you when the transfer has been registered.
If you need evidence of ownership for a particular purpose, you may request or obtain an updated title search.
For example, you may need one if:
- A bank requests evidence
- An insurer asks for ownership confirmation
- You are refinancing
- You are selling the property
- You need to provide evidence to another organisation
What If My Name Is Not Yet Showing on the Title?
Don’t panic if you check shortly after settlement and your name has not yet appeared.
The transfer may still be awaiting registration.
Electronic lodgement and registration can take some time depending on the circumstances and the relevant land registry processes.
Your conveyancer should be able to tell you whether registration has occurred or whether the dealing is still being processed.
What If Registration Is Rejected?
In some circumstances, a lodged dealing may be requisitioned or rejected because an issue needs to be corrected.
For example, there may be:
- A document issue
- An information mismatch
- A registration requirement that has not been satisfied
- Another issue identified by the land registry
If this happens, your conveyancer will generally work through the issue and arrange any required correction or response.
What Is the Registered Transfer?
The Transfer of Land is the instrument used to transfer the property from the seller to the buyer.
Once the transfer is registered, the land register is updated to reflect the new ownership.
Your conveyancer may retain or provide a copy of the registered transfer depending on the circumstances and their usual post-settlement process.
What If I Need Proof of Ownership Immediately?
If someone asks you to prove that you own the property, ask them what form of evidence they require.
Depending on the circumstances, they may accept:
- An updated title search
- Registration confirmation
- A registered transfer
- Other settlement documentation
If you are unsure, ask your conveyancer.
Providing the correct document can avoid unnecessary delays.
What About My Mortgage?
If you have borrowed money to purchase the property, your lender will generally have a mortgage registered against the title.
This means the title may show:
- You as the registered proprietor
- Your lender’s registered mortgage
- Other registered interests, if applicable
The presence of a mortgage does not mean that you are not the owner.
It means the lender has a registered interest securing the loan.
What Happens If I Buy the Property Without a Mortgage?
If there is no mortgage, the title may simply show the registered proprietor and any other registered interests affecting the land.
The exact title information depends on the property.
What About Joint Owners?
If two or more people purchase a property together, the title will record the registered proprietors.
The way ownership is held can also be important.
For example, joint owners may hold the property as:
- Joint tenants; or
- Tenants in common
The choice can have important legal and estate planning consequences.
If you are unsure about how the property should be held, obtain appropriate legal advice before settlement.
What If I Change My Name After Buying the Property?
A change of name does not necessarily mean that the title automatically changes.
There are procedures for updating registered ownership details where appropriate.
If your name has changed, speak with your conveyancer or a qualified legal professional about the relevant process.
What If I Want to Sell the Property Later?
When you eventually sell the property, your conveyancer will obtain the relevant title information as part of the sale process.
You do not necessarily need to have a physical Certificate of Title sitting in your filing cabinet.
The electronic title system allows the relevant title information to be accessed for conveyancing purposes.
What If I Lose My Title?
If you are expecting a paper title document, you may be surprised to learn that electronic registration means there may not be a physical title for you to keep.
If you need evidence of ownership, an updated title search or other official documentation may be appropriate.
Why Is the Title Important?
The title is important because it records the legal interests affecting the land.
Before purchasing a property, title information can help identify matters such as:
- Mortgages
- Caveats
- Easements
- Covenants
- Other registered interests
This is one reason why property searches are an important part of the conveyancing process.
You can read more about Property Searches in Victoria in our related article.
What Should I Keep After Settlement?
Even though you may not receive a physical Certificate of Title, you should keep your important settlement documents.
These may include:
- Contract of Sale
- Vendor Statement
- Settlement statement
- Transfer documentation
- Registration confirmation
- Title search
- Loan documents
- Insurance documents
- Other correspondence from your conveyancer
Keeping these records can make future transactions much easier.
For a practical checklist of what to do after settlement, see our What Happens After Settlement in Victoria? A Buyer’s Checklist.
Frequently Asked Questions
Will I receive a paper Certificate of Title after settlement?
Generally, you should not expect a new paper Certificate of Title. Victorian land dealings are generally managed electronically.
How do I know I am the registered owner?
Once the transfer has been registered, the land register will show you as the registered proprietor. Your conveyancer can confirm the registration status.
How can I prove I own my property?
Depending on the circumstances, an updated title search, registration confirmation or other official documentation may provide evidence of ownership.
Does settlement mean the title has already been registered?
Not necessarily. Settlement and registration are separate steps.
What if my name isn’t showing on the title yet?
The transfer may still be awaiting registration. Contact your conveyancer for an update.
Do I need to order a title search after settlement?
Not necessarily. Your conveyancer will generally monitor registration. You may obtain an updated title search if you need formal evidence of ownership.
Does my mortgage appear on the title?
Generally, a registered mortgage will appear as an interest on the title.
Do I need to keep a physical title document?
Not necessarily. Victorian property titles are generally managed electronically.
How Prox Conveyancing Can Help
At Prox Conveyancing, we help Victorian buyers understand what happens from contract through to settlement and registration.
After settlement, we monitor the relevant post-settlement processes and can explain what documentation you should expect to receive.
If you need evidence of ownership for a bank, insurer or another organisation, contact us and we can explain what documents may be available and what you may need.
Buying a property involves more than simply receiving the keys. Understanding the registration process can give you confidence that your purchase has been properly completed.
About the Author
Meet Sally
Sally Kwok is a Licensed Conveyancer and the Director of Prox Conveyancing. With more than 16 years of experience in the conveyancing industry, she is committed to helping buyers and sellers navigate Victorian property transactions with confidence. Sally is passionate about providing clear communication, practical guidance and personalised service throughout every stage of the conveyancing process.
👉 Learn more about Sally on our About page.
About Prox Conveyancing
Prox Conveyancing is a Victorian conveyancing practice providing professional conveyancing services for residential property transactions across Victoria. We assist buyers, sellers, investors and families with a wide range of conveyancing matters, delivering personalised service, transparent communication and professional support from contract through to settlement.
👉 Learn more about Prox Conveyancing on our About page.
This article provides general information only and is not legal advice. Every property transaction is unique, and the information above may not apply to your particular circumstances. If you require advice about your specific situation, please contact a qualified legal professional or licensed conveyancer.