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Check and Understand Your Title to Property in Queensland

Oct 27, 2021 | Article

One of the first things we do with most instructions involving property is an updated title search.

All land in Queensland, except for unallocated land that has not been surveyed, has a Lot on Plan Description.

A registry of titles records:

  • the identity of the legal owner,
  • how the land is owned, and
  • any encumbrances such as easements, mortgages, and caveats.

Often people are not aware of the actual owner of land they deal with, how that ownership is structured, or of the existence of encumbrances on title.

We are often asked, when assisting with deceased estates for example, to transfer title to a surviving spouse. If property is owned by joint tenants, then the transfer is simple and done by a death notice. Often though, property is held by tenants in common. The transfer process is then a bit more involved depending on the existence of a will and what is says.

Often sellers of property approach us at a late stage in a property transaction, after realizing there is an encumbrance on title such as a charge or caveat. These can be removed, but it takes time and parties involved such as banks usually require at least two weeks’ notice.

The lesson is to stay up to date on the status of your title to property and what it means for your estate plan.

Contact our expert property lawyers who can make sure you avoid issues relating to title.