Certificate of Title
What is a Certificate of Title?
A Certificate of Title is an official record of who owns a piece of land. It can also include information about mortgages, covenants, caveats and easements
What information is contained within a Certificate of Title?
A Certificate of Title shows the date the certificate was created, the legal details of the land, the ownership details and any relevant caveats, covenants, Section 173 Agreements and easements.
A caveat is a note on the Title indicating that a third party claims rights over the property, for example, a mortgagee.
A covenant is a private written agreement between the seller and purchaser restricting what the land can be used for, for example, limiting development to construction of a single dwelling or controlling the types of materials that can be used for new buildings or fences.
A Section 173 Agreement is a written agreement between Council and the land owner to set out particular conditions or restrictions on the way the land is used or developed, or to achieve other planning objectives in relation to the land. A Section 173 Agreement is a legal contract registered on the Certificate of Title and can be enforced in the same way as a permit condition or the planning scheme.
An easement is a right held by someone else to use the land, for example, a South East Water sewerage pipe.
Where do I get a copy of my title?
You can request a copy of your current Certificate of Title from www.landata.vic.gov.au.
Why is a copy of title required with my planning application?
A copy of title is required with your application to confirm ownership details, location and dimensions of the land and any restrictions which may affect what can be developed on the land.
The copy of title must be no more than 3 months old. This ensures Council have an up to date copy, inclusive of any recent changes.