We recently brought our first home in September last year. but havnt been sent any proof or a "deed" that we own this house. We dont even know who would send that to us of its even a thing. We have a mortgage so of course the bank owns the house. But what proof do we have that its in our name? If we needed to show proof to somone that this is our house (i dont know why we would) All we can say is "well, all of our stuff is inside of it"
What Proof Do We Have That We Own Our House??
ego22 on 12/03/2022 - 17:25
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Normally, but the states (at least QLD and I've been meaning to check the other states. ) have made paper titles null and void and replaced them with electronic titles held by private companies (what could go wrong).
https://www.csdlaw.com.au/paper-certificate-of-title-for-lan…
"If you own a physical copy of your Certificate of Title for a property, it is recommended that you store it safely until the changes come into effect. After the 1 October 2019, this certificate will no longer hold any legal significance and will not have any value.
From 1 October 2019, property owners will not be able to request a paper Certificate of Title from the Queensland Land Titles Registry (Registry). However, if you own a paper Certificate of Title, you can choose to keep it for sentimental reasons.
Once the physical document no longer has any legal value, it will no longer have any effect or value as a form of security. If you are currently using your physical copy of Certificate of Title as a measure of security, then you must make other arrangements before the changes commence."
Also, this ex politician is so concerned he setup a website and bus. :)
https://thesilentmajority.org.au/
"Most importantly so we can once again have Guaranteed Deeds of Ownership to our Homes in our own safe custody, which is in our own hands.
What we are setting out to do, Force the Qld Gov’ to reverse the amendments made to the Queensland Land Act 1994 that came into effect on 1st October 2019.
In 2018 The Queensland Government introduced a Bill into Parliament to alter a range of Laws, one of them was The Queensland Land Act 1994. When the Bill was given Royal Assent by the Governor it had the effect that on the 1st of October 2019 all Deeds and Paper Certificates that had ever been issued by the Titles Office in Queensland became Void. That means they (The Deeds and Paper Certificates)no longer have any Legal Status, they can only be historical documents to look at.
A friend of mine Greg recently divided his property in to two lots, previously He and his wife held an unencumbered Title Deed to the property which they personally held at their home. When their solicitor completed the lodgement dividing their property into two lots, Greg asked for the titles to both pieces of land. The solicitor told him there is none, but it is all right, it is all recorded on a computer.
What the solicitor did NOT tell him is that “The Computers” are ALL privately owned computers held by one of three (3) Public Companies in Australia, known as Electronic Lodgement Network Operators (ELNO’s). Who will have the complete database of who owns property in Australia, they are as follows:
Property Exchange Australia Ltd.
Purcell Partners Pty Ltd.
Sympli Australia Pty Ltd.
The above are all registered with Australian Securities and Investment Commission (ASIC) and have shareholders whom will receive dividend on their shares."Take it as you like, if you believe the government and politicians are trustworthy and have your best interests in mind then there should be no problems, right?
Hahaha you have no idea what you are talking about.
Pexa and sympli are used for completing electronic settlements, with the documents then registered by the relevant state titles office. The state titles office then issues the electronic titles and maintains the ownership register.
Thanks Einstein, my first link was actually to a law firm so maybe you can go argue your expertise with them?
Likewise with your comment about the function of the private corporation, go ask the ex senator who posted the information and please report back here when you have his answer.
@EightImmortals: What am I supposed to be arguing with the law firm about? They are right, QLD (like most states) only issues electronic titles now. There are other check and balances in place to protect people's property interests.
I don't really care what an ex-One Nation senator writes, but if he wrote what you (kind-of) quoted, he is wrong and also has no idea what he is talking about. PEXA, and other companies you mentioned, do not issue the electronic titles or maintain the title registry.
@djkelly69: OK fair enough. :)
My concern of course is that holding the physical title has always been proof of ownership, is it the same with electronic titles?
If so, the who actually 'owns' the title? Is it the property owner or the govt registry? If the registry got hacked could the hacker sell your house?I'm not sure if these concerns are legitimate, but they would concern me. :)
Cheers
@EightImmortals: As someone who works in corporate tech, if a burglar broke into your home 20 years ago and stole your paper deed, could they sell the house with it?
If your home is registered to you today, and some moron of a hacker decides that changing your property registration to their LEGAL NAME isn't an easy trip to prison, then the lack of sale documents from you to them would invalidate it regardless
The registry itself is irrelevant here, because the sale documents you have would prove that you bought it and never sold it, so it must be yours
You can get the tittle from the relevant state authority .
NSW at least doesn't do this anymore, they've gone fully electronic. You can do a title search and print the results but that's about it. Not sure about the other states/territories.
NSW still has an authority
What you quote is e-conveyance, where title transfer is now paperless.
NSW is one of the last states to do that
Yes but you can't get any sort of physical title/deed from them which is what OP is getting at. I just went through this with them 2 weeks ago.
We have a mortgage so of course the bank owns the house. But what proof do we have that its in our name?
Your name on that mortgage. Your name and bank's name on the mortgage title. Title held the states title registry
Speak to your conveyancer/solicitor
Don't think OP even bothered
We recently brought our first home
Where did you bring it from?
jv c.2017
Came looking for a discourse on the ethics of private ownership, the essence of land title and tenure, and man's futile quest to possess the natural world.
Instead, it's more like, "where did you put the paperwork, love?"The (government) dog ate it.
But what proof do we have that its in our name?
Rates notice will be in your name.
but havnt been sent any proof or a "deed" that we own this house
That is correct, it goes to the 'bank' as they own your house at this stage ;)
Your names will be on title. You can order a copy online. Simples.
Not sure why the negs - OP can obtain a copy instantly from here https://www.titlesqld.com.au/title-searches/
Ask your bank for a copy of the RCS they would have received back from the titles office after the transfer and mortgage were registered.
Contract of Sale
The proof is somewhere between 0 and 1.
Go back to the conveyancer you used and ask them.
Conveyancer would have already explained this, OP didn’t like the answer and now trying here for a different answer.
Then why is Op asking?
The majority of the home owners don't keep hold of that piece of paper anyway and it has been this way for a very long time so until you have paid of your mortgage you don't need to worry about it (and never will because they'll be allelectronic by then).
I've still got the original from the early 70s but it's getting fragile which is why I wanted a new copy but yep, all electronic records now only.
Its not a game of monopoly. Records are held by the government - Titles Queensland etc…
Each State has its own land title registry. For a fee (usually) you can do a title search.
Links to all State registries: https://www.arnecc.gov.au/resources/links/land_registries/
Can’t think why you would need to prove it. IMO anyone who needs proof will be in a situation where they can wait for you to compete a title search.
Water bill, council rate…
This is a good question.
While I acknowledge all the answers given, here is something to think about.
People who were stuck in East Berlin had houses in West Berlin, and vice versa. How do you think they got on claiming ownership after the wall came down.
With titles and records going electronic, it's only a matter of time before cyber criminals start reallocation of ownership of assets of all types.
Moreover, imagine a world where the Internet is disabled for a period of time. If you dare.
Knock out a few undersea cables and satellite communications and everything goes to custard.You don’t own your own house.
Stop paying your council rates and see what happens…
None. It’s digital.
The council sent out a confirmation of change of ownership not long after I purchased.
The title goes to the owner so if you have a loan or mortgage then that is where it is seeing as you don't technically own and owe money on the house.
If you have a mortgage then bank keep the documents but the council rates notice is always under the name of the owner.
I believe that should suffice.