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Land Titles
Published
Thu, 29 Mar 2012 14:07:07 +1100
Content
Office of Regulatory Services or email the Land Titles Unit.
Complete a Form - 052 - T - Transfer .
Take the completed transfer form, signed by all parties, to the A.C.T. Revenue Office for the payment of stamp duty or marking of the form that duty is not payable.
Take the completed transfer form stamped by the A.C.T. Revenue Office together with the original certificate of title or crown lease to the Office of Regulatory Services .
If you are not in possession of the original certificate of title or crown lease as a mortgage exists, you must arrange with the relevant financial institution to lodge or produce the certificate of title or crown lease.
You cannot lodge the transfer at the Office of Regulatory Services until the financial institution has notified you that the certificate of title or crown lease has been produced at the Office of Regulatory Services.
As a proprietor is being removed from the certificate of title due to the transfer, the financial institution may require you to refinance the mortgage. If this is the case the financial institution will take the transfer form and lodge it on your behalf as part of the settlement process.
The prescribed fee is payable upon lodgement of the transfer form.
For further information concerning a transfer refer to Chapter 52 of the Land Titles Practice Manual .
Complete a Form - 015 - ND - Notice of Death by Surviving Proprietor .
You must also have the certificate of title or crown lease. If you are not in possession of the original certificate of title or crown lease as a mortgage exists, you must arrange with the relevant financial institution to lodge or produce the certificate of title or crown lease. The financial institution will charge a fee to do this.
Upon being notified of the certificate of title or crown lease being produced you must take the completed notice of death by surviving joint tenant form and an original death certificate, together with the prescribed fee to the Office of Regulatory Services for lodgement.
Upon registration of the notice of death of surviving joint tenant an updated certificate of title will be prepared while you wait, or if you prefer will be sent to you by mail, unless the certificate of title is to be returned to the financial institution.
For further information concerning a transfer upon death by surviving proprietor refer to Chapter 51 of the Land Titles Practice Manual .
Complete a Form - 032 - TA - Transmission Application .
Take the completed transfer form, signed by all parties, to the A.C.T. Revenue Office for the payment of stamp duty.
You must also have the certificate of title or crown lease. If you are not in possession of the original certificate of title or crown lease as a mortgage exists, you must arrange with the relevant financial institution to lodge or produce the certificate of title or crown lease. The financial institution will charge a fee to do this.
Upon being notified of the certificate of title or crown lease being produced you must take the completed transmission application form and certified copies or probate or administration orders, together with the prescribed fee to the Office of Regulatory Services for lodgement.
The applicant must clearly state their capacity to lodge the transmission application such as executor, administrator, devisee or beneficiary. A person making application in dual roles such as executor and beneficiary must elect the appropriate capacity and strike out the inappropriate reference.
Where the certificate of title is subject to any restrictions, Minister's consent may be required. If so refer to Chapter 53 of the Land Titles Practice Manual .
For further information concerning a transmission application refer to Chapter 53 of the Land Titles Practice Manual .
Complete a Form - 052 - T - Transfer .
Take the completed transfer form, signed by all parties, to the A.C.T. Revenue Office for the payment of stamp duty or marking of the form that duty is not payable.
Take the completed transfer form stamped by the A.C.T. Revenue Office together with the original certificate of title or crown lease to the Office of Regulatory Services .
If you are not in possession of the original certificate of title or crown lease as a mortgage exists, you must arrange with the relevant financial institution to lodge or produce the certificate of title or crown lease.
You cannot lodge the transfer at the Office of Regulatory Services until the financial institution has notified you that the certificate of title or crown lease has been produced at the Office of Regulatory Services.
As a proprietor is being removed from the certificate of title due to the transfer, the financial institution may require you to refinance the mortgage. If this is the case the financial institution will take the transfer form and lodge it on your behalf as part of the settlement process.
The prescribed fee is payable upon lodgement of the transfer form.
For further information concerning a transfer refer to Chapter 52 of the Land Titles Practice Manual .
How do I replace a title I have lost?
Complete a Form 011 - CT - Application for Replacement Certificate of Title .
Only the registered proprietor, their legal practitioner or a registered mortgagee may apply to replace a certificate of title.
If the registered proprietor is deceased, the person entitled to be registered or their legal practitioner may apply, however in support of the application a Notice of Death by Surviving Proprietor or a Transmission Application must also be lodged.
If the application is made by only one of several proprietors, the consent of all other registered proprietors must be obtained.
If the certificate of title was lost whilst in the custody of another party, a declaration by that party may be required in certain circumstances.
Upon application forms of identification such as a photographic driver's licence and a passport are required. Other documentation such as rates notice may be required to prove ownership.
If the loss of the certificate of title is reported to the police, this office will contact the police to confirm that the loss has been reported.
Upon lodgement of the application for replacement certificate of title and payment of the prescribed fee , this office will supply the applicant with a notice to be advertised in a newspaper circulated daily in the A.C.T. at the applicant's expense.
A new certificate of title will be issued 14 days after the notice has been published unless the certificate of title has been found and returned to the Office of Regulatory Services within the 14 day period.
For further information concerning the replacement of a certificate of title refer to Chapter 44 of the Land Titles Practice Manual .
A transfer is a dutiable transaction under the Duties Act 1999 .
All transfers must be assessed and noted by the A.C.T. Revenue Office prior to lodgement at the Land Titles Unit.
If no duty is payable the A.C.T. Revenue Office will stamp the transfer accordingly.
For further information concerning the payment of stamp duty contact the A.C.T. Revenue Office .
Complete a Form - 009 - CN - Application to Note Change of Name on Certificate of Title .
You must also have the certificate of title or crown lease. If you are not in possession of the original certificate of title or crown lease as a mortgage exists, you must arrange with the relevant financial institution to lodge or produce the certificate of title or crown lease. The financial institution will charge a fee to do this.
Upon being notified of the certificate of title or crown lease being produced you must take the completed application to note change of name on certificate of title together with evidence of the change of name, such as an original marriage certificate or change of name certificate, to the Office of Regulatory Services for lodgement.
No prescribed fee is payable for lodgement.
For further information concerning a application to note change of name on certificate of title refer to Chapter 32 of the Land Titles Pratice Manual .
Complete a Form - 101 - CCN - Application to note change of comapny name on title .
You must also have the certificate of title or crown lease. If you are not in possession of the original certificate of title or crown lease as a mortgage exists, you must arrange with the relevant financial institution to lodge or produce the certificate of title or crown lease. The financial institution will charge a fee to do this.
Upon being notified of the certificate of title or crown lease being produced you must take the completed application to note change of company name on title together with evidence of the change of name, such as a certificate of change of name, to the Office of Regulatory Services for lodgement.
No prescribed fee is payable for lodgement.
For further information concerning a application to note change of name on certificate of title refer to Chapter 32 of the Land Titles Pratice Manual .
Less complex dealings such as transfers or mortgages are usually registered within 5 working days of lodgement.
Although registration of a units plan is more complex than other dealing types, they are given priority and are usually registered within 3 - 5 working days of lodgement.
The Registrar-General has specified and approved formatting requirements for units plans if applying to register a units plan under section 7 of the Land Titles (Unit Titles) Act 1970 . These requirements apply to hard copies and data sets. For further information concerning units plans refer to Chapter 54 of the Land Titles Practice Manual .
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