LOST TITLE APPLICATION

You’ve lost your Certificate of Title, now what? If your Certificate of Title is lost, stolen or destroyed you may make an application to the National Land Agency (NLA) for a replacement title. The Registrar of Titles will then review application and if satisfied, he or she may exercise their authority to issue a new Duplicate Certificate of Title.

So, who can apply?

The following persons are eligible to lodge a lost Title application:

1. The registered owner of the property (all owners must be party to the application, and an owner can or authorise another to act on his/her behalf by power of Attorney);

2. The Personal Representative of the deceased where the owner of the property has passed (acting under the power of a grant of probate or letters of administration);

3. The legally authorized representative of a company (example: Director); and

4. A mortgagee (Lender for example a bank) exercising the power of sale under mortgage

Now that you know who can apply, let’s look at the process

To get started you ought to complete the relevant NLA form which must be submitted with a Statutory Declaration clearly explaining all the circumstances which gave rise to your belief that the Certificate of Title has been lost, stolen, or destroyed.

In preparation for completing the application, begin to gather the following information:

• The applicant's name and address;

• description of the property, including the value of the property, the volume and folio;

• details of any efforts made to recover the Title; 

• identify all persons who had access to the title;

• details on when the Title was last it was seen, where and by whom;

• if it is believed to be stolen a police report is necessary;

• an undertaking to return the certificate of title if it is ever found; and

• Whether the title was deposited with a mortgagee as security for a loan.

Next, when submitted to NLA, the application will be pre-checked and you will be required to pay the lodgment fee. Thereafter, the Registrar will review the application and once satisfied, they will instruct that the Application is to be advertised once per week for two consecutive weeks in a local Newspaper.  You will then submit the tear sheets from those advertisements to the Registrar. 

How long will this take?

If there are no objections to the Application, two weeks after the last advertisement, the original Certificate of Title will be cancelled, approximately four weeks after, a New Certificate of Title will be issued.

It is important to note that while the above provides general guidance on the Application for a Lost Title, this is not legal advice.  If a Lost Title Application is not accurately prepared, it can lead to significant delay and inconvenience, and your application can be rejected.  It is therefore recommended that you seek legal advice before taking such an important step.  

For more information, feel free to book a free discovery call right here on this website, or contact this writer at info@krsaunderslaw.com or 876-833-5747.