Changes to the WA Transfer of Land Act
Legislation passed WA Parliament on 16 June 2022 to support the continued modernisation of the state’s electronic land dealings, known as e-conveyancing.
More information is available in the Minister for Lands media statement.
The legislation - which is known as the Transfer of Land Amendment Act 2022 (TLAA) - makes three key changes to the Transfer of Land Act 1893.
All three of these changes came into effect on 7 August, 2023 and included:
- Removal of Duplicate Certificates of Title (Duplicate Titles).
- Enabling the issuing of statutory notices electronically.
- Clarification of the definition of counterpart documents.
Read more in the Minister for Lands media statement
What do these changes mean?
Change One: The removal of duplicate (paper) certificates of title from WA’s titling system.
Where there was one issued before the change came into effect on 7 August, 2023, a Duplicate Title, was a paper version of the corresponding original Certificate of Title, with some differences and limitations. Read more in our Frequently Asked Questions and learn more with our handy Resources below.
Duplicate Titles had been a feature of the Titles Register since its inception in 1875 and have also been known as Title Deeds or Paper Titles.
Duplicate Titles have been removed by the TLAA which came into effect on 7 August 2023. Duplicate Titles have been removed from WA’s land titling system and will no longer be created or issued. Any Duplicate Titles which are in existence will no longer have any legal effect. Anyone who has a Duplicate Title will not need to return it to Landgate, destroy it or have it rendered invalid.
The removal and abolition of Duplicate Titles is part of the ongoing advancements in electronic conveyancing within Western Australia and nationally, in consultation with the conveyancing, legal and financial services industries. The removal of Duplicate Titles clarifies and simplifies all conveyancing in a way that does not detract from the integrity and security of the WA land Register.
As Duplicate Titles have been optional since 1996, we have been transitioning to this point for a long time. Before Duplicate Titles were removed, which came into effect on 7 August 2023, there were already over 55 per cent of freehold titles which were paperless, with no Duplicate Title issued.
Many people may not be aware that a Duplicate Title had a number of limitations. For example, caveats, memorials, notifications and property (seizure and sale) orders have never appeared on a Duplicate Title, so it may not give a true indication of the encumbrances associated with a parcel of land. Parties need to search the original Certificate of Title for this information.
Removal of Duplicate Titles Information Webinar
Thank you to everyone who attended our webinar on Wednesday, 12 July 2023.
If you were unable to attend the webinar, please find a recording below:
Please also find a copy of the questions and answers asked during the webinar below.
Removal of Duplicate Certificates of Title Webinar Questions and Answers.
Learn more about what these changes will mean for you with our animated explainer video, animated explainer video transcript and factsheet as well as our Frequently Asked Questions below. We also encourage you to follow our Facebook and LinkedIn pages to keep up to date.