Friday, 22nd of September, 2017

Buying and Selling Real Estate

Ways to Own Property

Ways to Own Property

Apart from Crown leases, titles to real estate  in Tasmania are either under the old system (known as general law) or the Torrens Title system. Nearly all general law land has now been converted to the Torrens Title. The Torrens Title System was intended to simplify title, so that one document contained all information about a property. It has largely succeeded.

Old System – General Law Title

General Law title was introduced into the colony of Tasmania when it was first settled, and has its roots in English land law. After the original Crown grant of land, title to property was transferred to each successive owner by a deed of conveyance or mortgage. Each document had to be properly signed and attested, stamped and contain a description of the land. All these documents formed the ‘chain of title’. If one document was invalid, all those which came after it probably were too. A general law  title is considered to be only as strong as the weakest document in the chain of title. For example an a general law title containing a deed where a signature wass forged or unattested would break the chain of ‘good title’.

As a result of the complexity of searching  general law title and how far back it must be traced, the law now provides that one must only search back 20 years for ‘good title’ provided there is, to begin with, a good title that is at least 20 years old. In practice, to find a good starting title often means going back well beyond 20 years. General law conveyancing is generally complex, time consuming and expensive. Most titles in Tasmania are now under what is known as ‘the Torrens’ system.

If you are purchasing real estate that is under general law title, the general law title will ultimately now be converted automatically to Torrens title once it has transferred to a new owner or had a new dealing registered. The Land Titles Office handle this process on lodgement of required documents. The Land Titles Act 1980 (Tas) provides for the compulsory conversion of general law title to Torrens title on the lodgement for registration under the Registration of Deeds Act 1935 (Tas) of a conveyance on sale (i.e. you are buying a property with general law title), or a legal mortgage (i.e. the owner of the general law title property takes out a mortgage and the lender registers its mortgage against the title). This means that general law ‘old  system’ title is being eliminated through transactions regarding the property or through a process whereby the property can be voluntarily converted to Torrens title.

To know if you are looking at a general law title you would ordinarily expect it to have a registered deed number and accompanied by a series of past transactions. It will have a map also showing surrounding properties that may have been subdivided together and have an accompanying description that may go something like:

ALL that piece of land situate in the City of Hobart in Tasmania (being portion of Twenty eight perches and eight tenths of a perch of land conveyed by one Mary Crane to Joseph Ebenezer Merkby by an Indenture dated the Sixth day of December One Thousand Eight Hundred and Eighty Eight and registered number 8/1649 and bounded as follows...’

Torrens System

‘Torrens title land’ is land under the Land Titles Act 1980 (Tas). Torrens title searching and conveyancing is far simpler than that under the general law system. Electronic searches can be undertaken on the Land Titles Office records known as the LIST. 

In most cases you should be able to obtain a copy of the search of the title and associated plan and copies of any registered dealings on the title such as registered easements. 

The Torrens title will have a Volume and Folio number under the Certificate of Title in the top right hand corner of the page. It will contain a ‘Description of Land’, the name of the registered proprietor in its ‘First Schedule’ and details of registered mortgages and other dealings such as Schedules of Easements or caveats its ‘Second Schedule’. There is a plan of the property with the Certificate of Title.

The Certificate of Title should be kept in a secure place for safe keeping. (If there is a mortgage registered against the title to the property the mortgagee will usually hold the original Title until the mortgage is discharged)

Owning a Property with Someone Else

In Tasmania there are 2 ways to own property with another person or entity – join tenants or tenants in common. If you are purchasing a property with another person you should consider whether a joint tenancy arrangement or tenancy in common is more appropriate.

Joint Tenancy

Joint tenants, although they have a joint interest in the property, cannot identify a definable proportion of the property as their interest in the same.  Joint tenants cannot individually mortgage their share of the land, but rather must act collectively in relation to any dealings with it. Upon the death of a joint tenant that person's interest in the property is automatically transferred to other joint tenant(s). If there are more than two joint tenants, for example four, then the death of one will see their share go in equal portions to the surviving joint tenants, until the last joint tenant is left with the whole of the property. This is what will happen by operation of law, regardless of whether or not the deceased owner makes a Will and indicates they want something different to happen. Joint tenants are often a preferred structure for couples particularly in the case of the family home.

A joint tenancy can be converted into a tenancy in common (explained below) by an application for severance under section 63 of the Land Titles Act 1980 (Tas).

Tenancy in Common

Tenancy in common means that where two or more persons have either equal or disproportionate shares in the property. This may be desirable where there are different contributions to be made to the purchase and upkeep of the property. Each tenant in common has the use and occupation of the property and may deal with their definable interest by way of mortgage, etc without the consent of the other. To deal with the property as a whole, however, the consent of all tenants in common is necessary. On the death of a tenant in common the land passes to that person's beneficiaries under their Will or intestacy.

Where strangers or business associates purchase real estate together a joint tenancy structure may be unsuitable particularly if contributions to the purchase of the property are unequal.

Units, Flats and Townhouses

Company Title

Under a ‘company title’ arrangement the land and buildings are owned by a private company. The company's shareholding structure is organised so that ownership of a certain number of shares entitles the shareholder to exclusive possession of a part of the building (for example, a flat and perhaps a garage).

It is important to realise that the ‘flat owner’ does not own any separately identifiable land, only shares in the company. An owner's right to sell or transfer the shareholding, will be subject to company approval, which may in certain cases be withheld. Rules governing the occupation, and right to lease the flat, may be made by the company by a vote of the majority of the shareholders, and it may be difficult to borrow money for the purchase. If considering purchasing a property which is part of a company title it is recommended that you seek legal advice prior to entering into a contract.

Strata Title – Strata Titles Act 1998

The Strata Titles Act 1998 (Tas) governs creation of separate ‘stratum titles’ for units, flats and townhouses.

It is not within the scope of this handbook to provide detailed information regarding stratum titles. There are important matters of difference between a stand-alone title to a property and a ‘stratum title’ to a property. There is a link noted at the end of this chapter to a useful booklet available from Department Primary Industries Water and Environmental called ‘Strata Living in Tasmania’ which provides information and a general overview of stratum titles and the Act.

For example, a developer of property may construct several residential units on one block of land. In order to obtain separate titles to each of the units to be able to sell them individually the developer needs to either register a plan of subdivision or a stratum plan.

On registration of a stratum plan separate titles to each of the units will be issued. The plan should show what the boundaries of the lot and ‘common property’. Common property are usually features at the complex for the use of all unit owners such as a shared driveway or flower beds for example are not owned by any individual unit owner solely but owned by the ‘body corporate’. 

On purchasing a stratum title unit you automatically become a member of the ‘body corporate’ of the strata complex. A body corporate exists at law on registration of a strata plan for a development. There are situations where particularly in small strata complexes such as only 2 units on the site, the body corporate is not considered to be ‘active’.

The role of the body corporate is important. The body corporate has responsibility for maintenance and management of ‘common property’ and other powers, functions and responsibilities as outlined in the Strata Titles Act 1998 (Tas) which includes rules about being able to keep pets in your unit or on the common property, contributions to maintenance of common property and fees payable and insurance policies for units and common property. You should ensure you understand these issues and how they affect you if you own or are considering purchasing a stratum titled unit.

There are ‘by laws’ that apply to strata complexes. There are Model By-Laws outlined in Schedule 1 of the Strata Titles Act 1998 (Tas) that will apply automatically registration of a strata plan but there is power for the original developer to lodge different First By Laws on registration of a strata plan. The members of the body corporate to modify or change the by laws subject to unit entitlements and the contents of the by laws.

Each member of the body corporate will also have ‘unit entitlements’ attaching to their particular title. It is important to know what unit entitlements you have if you own a strata titled property as they govern issues such as voting rights at meetings of the body corporate and levying responsibility for contribution to maintenance of common property areas for example.

Buying and Selling Real Estate

The transactional process for buying and selling real estate is called conveyancing.

This section goes through the process of conveyancing though it does not claim to be a ‘conveyancing kit’. Readers should not rely on the information contained herein to complete their conveyancing without obtaining professional advice. The information provided herein relates generally to common issues regarding residential properties.

Entering a Binding Contract

Unlike some other types of contracts, to be enforceable a contract for the sale of real estate must be in writing. There are certain formalities at law that must exist for an enforceable agreement for the sale of real estate.

The requirement for writing was originally embodied in the Statute of Frauds and is repeated within section 36 of the Conveyancing and Law of Property Act 1884 (Tas).

Buying Real Estate

In Tasmania purchasing real estate remains ‘caveat emptor’ - buyer beware. It is not a good idea to buy on impulse without proper investigation into for example the nature of the Title of the property, the condition of the property, possible heritage listing, and any zoning restrictions that may apply and to consider what conditions you will require in making your offer to purchase. For some time it has been discussed that draft legislation will be introduced in Tasmania to put greater responsibility on Vendors to make disclosure of known problems with a property. At the date of production of this chapter, that legislation has not yet been formally introduced.

Making an Offer: costs and finance

In Tasmania the common practice to make an offer to buy real estate is by the Purchaser signing a formal offer in the form of a Contract which outlines the important terms of the transaction.

Currently there is a ‘pro-forma’ Contract for Sale of Real Estate commonly used by real estate agents, conveyancers and solicitors.

This Contract is in 2 parts:

  1. Standard Conditions of Sale; and
  2. Particulars of Sale

which together form the Contract. Use of this form of Contract is not mandatory and this form of Contract can be adapted by agreement between Vendor and Purchaser needed.

The Purchaser’s formal offer to purchase the Property will include details such as:

(a) The purchase price being offered by the Purchaser;
(b) The details of the deposit offered;
(c) The description of the property and details of chattels (e.g. stove, curtains, heaters) being sold with the Property;
(d) The timeframe proposed by the Purchaser for settlement;
(e) ‘Conditions precedent’ required by the Purchaser which may commonly include:

(i) A finance condition – that the Purchaser can get the money they need to buy;
(ii) A building inspection report condition – the Purchaser has had the property independently inspected;
(iii) A condition regarding the offer being subject to the sale of the Purchaser’s home – if the Purchaser cannot buy a new house without selling their current house;
(iv) A condition that there are no legal restrictions on the use of the Property which may hinder or prevent its use for the purpose proposed by the Purchaser (e.g. the Purchaser may only wish to purchase the Property if they can secure Council approval for development for units, for example).

Negotiations for the purchase of the property then commence. If the property is listed for sale through a real estate agent, generally the real estate agent will handle negotiations between the Vendor and Purchaser.

The negotiation process may generally involve the real estate agent presenting the Purchaser’s formal signed offer to the Vendor. There may be counter proposals by the Vendor such as a counter offer to the price offered by the Purchaser or proposal to change the conditions precedent proposed in the Purchaser’s offer.

Some sales may occur ‘privately’, without involvement or assistance from real estate agents. It is recommended that legal advice and assistance be obtained as to preparation of a valid and enforceable Contract in those situations.

Once a Vendor and Purchaser have reached agreement the final Contract should:

(a) Contain all terms and conditions that both Vendor and Purchaser have agreed upon;
(b) Be signed and dated by the Vendor, the Purchaser and each of their signatures should have been witnessed by an independent adult person.

In Tasmania there is currently no ‘cooling off’ period regarding real estate contracts. This means that once a formal Contract has been signed by both Vendor and Purchaser that there is no allowance for a ‘change of mind’ and automatic withdrawal from the Contract. For example some other States have formal ‘cooling off’ periods to allow parties to withdraw for any reason within a certain period of time such as 2 days after signing.

An example of the Contract for Sale of Real Estate is available through the Law Society website.

An explanation of the sections of the Contract is also available from the Tasmanian Law Society.

It is recommended that legal assistance and advice be obtained.

Buying at Auction

Some properties are sold at auction and are sold ‘unconditionally’, meaning no protection as to the need to still secure finance or any due diligence or enquiries. It is wise that prior to attending an auction you contact the real estate to obtain a copy of the Particulars of Contract that they should have available.

The Particulars of Contract should detail the terms of the contract that you agree to enter into if you are the successful bidder at auction. You should ensure that you take advice as to the terms of the Contract, have unconditional finance approval in place before attending an auction with a view to making a bid and importantly conduct any due diligence on the property given the nature of a sale by auction is generally not to reserve any conditions for protection of a purchaser seeking to withdraw.

Conveyancing Costs - Selling

Agency Agreements

If a vendor decides to sell their property through a real estate agent they enter into a contract with the real estate agent usually called an ‘Agency Agreement’ Whilst the terms and conditions of Agency Agreements vary, the Agency Agreement will stipulate that they pay the agent a commission at an agreed rate or a rate determined by an applicable scale if a buyer is found through their instrumentality or through their introduction, or to a person introduced to the vendor by the agent or through their signs or their advertisements or if sold generally during the period of the Agency Agreement.

The Agency Agreement will usually provide exclusive rights to the real estate agent to sell the house for a fixed time, usually 90 days but this can be varied as agreed between the vendor and the real estate agent. The vendor should carefully read the Agency Agreement and if they have any doubts about it, seek legal advice.

Once an offer for the sale of the property is presented to the vendor, the vendor should consider all provisions carefully including sale price, conditions requested by the purchaser and what that might mean for the vendor, and the proposed settlement period. If in doubt, the vendor should take legal advice prior to signing. The vendor should also consider whether it is appropriate to seek the advice of their accountant or financial adviser before entering into a contract for sale particularly if the vendor is selling an investment property or is registered for GST or if there are queries as to the application of Capital Gains Tax and how that might affect the vendor.

Once the contract has been settled and signed for the sale of the vendor’s property to the purchaser, the vendor should nominate who they wish to have handle the conveyancing for them.

If the vendor has a mortgage they should contact their bank once they have an unconditional contract for the sale of their property for the release of their mortgage through their bank. If the property is mortgaged and money is still owed to the bank, it is usual for settlement to occur at the bank or the bank’s solicitors office.

Settlement requires attendance by the vendor’s solicitor, the purchaser’s solicitor plus any associated bank representative lending finance to purchase the property and the vendor’s outgoing bank. The vendor’s bank will then provide the title and discharge of mortgage to the vendor’s solicitor in exchange for what is owing. Generally these monies must be paid by way of bank cheque.

If there is no mortgage registered on the title to the property the vendor should ensure that they confirm the location of the original Certificate of Title to the property as soon as possible (i.e. whether held in a bank safety deposit box or with a law firm) to ensure it is available by the due date for settlement.

Costs of Selling and Moving

The real estate agent you propose to engage to sell your home should be able to tell you the basis on wich you will be charged and if there will be out of pockets such as advertising or sign boards. The Real Estate Institute of Tasmania (REIT) provides a guide of recommended commission and fees calculated on the property sale price achieved. You should discuss the fees and services that will apply with the real estate agent you choose to engage.

Removal expenses are another substantial source of expense. In addition there are costs associated with disconnecting and reconnecting utilities. Information is readily available from electricity suppliers, such as Aurora.

Conveyancing Costs - Buying

Cost of Conveyancing

The costs and disbursements to purchase a property are generally higher than the costs to sell as there is more work involved.

Most law firms offer conveyancing services as part of their practice. In Tasmania there are also a number of licensed ‘conveyancers’. Licensed conveyancers are not lawyers but are licensed to undertake conveyancing services and their role is limited to only providing those services within the scope of their qualifications.

Most law firms and conveyancers are able to provide estimates over the telephone as to the likely costs.

Do-it-Yourself?

Handling your own conveyancing can be time-consuming and risky particularly if you are the purchaser.

If something goes wrong (for instance the person misunderstands a document, a clause in the contract or a search result) this could end in expensive and unnecessary litigation.

Insurance

The law in Tasmania regarding when risk is considered to pass to a purchaser under a contract for sale, whether the contract has been completed or not, is a grey area.

Some contracts seek to include clauses to pass liability to a purchaser from the date the contract is signed, regardless of whether or not there are still conditions, such as finance, to be satisfied. The cautious position, and usually noted on ‘standard form’ contracts for sale of residential property is that either party can be risk until the contract has been completed and both parties should protect themselves by maintaining adequate and proper insurance until the contract has been completed.

Searches

Various searches are carried out on behalf of the purchaser by their solicitor or conveyancer to identify:

(a) if the vendor has good title to the property to pass to the purchaser;
(b)  if the property is affected by mortgages, leases, or other matters which the purchaser has not contracted to accept;
(c) if there are any problems with satisfying the condition precedent in the contract as to the use that the purchaser intends to put the property

Searches are usually commenced after a contract has been signed unless legal advice indicates they should be undertaken before signing, including where in potential auction sales these kinds.

Some of the searches and enquiries commonly undertaken include:

  • Council searches as to Council rights and powers concerning the property and information regarding the rates on the property, including any arrears;
  • Land Tax searches;
  • Hydro Search for way leave easements;
  • Search the Department of Transport for road plans which will affect the property;
  • Checking the boundaries of the property as physically fenced or pegged match with what is on the registered title plan and to ensure there are no encroachments onto or by the property – the help of a registered surveyor may be required. Physical inspection of the property is beneficial to check for the existence of any physical features apparent on the property that may not be appearing on the title plan or any search reults from Council. For example, an inspection may reveal that a drain physically exists on the property that may have become an easement by prescription
  • Search bankruptcy records - this is to verify the legal ability of the vendor to sell the property and to ensure they are not bankrupt, in the process of bankruptcy or an undischarged bankrupt having come into ownership of the property through an inheritance for example
  • Check Mineral Resources Tasmania for the existence of mining exploration licences and the soil make up

Issuing requisitions on title to the Vendor for answering by the Vendor. Whilst not an exhaustive list of requisitions some common requisitions are:

  • What documents of title will be handed over on settlement?
  • What covenants and easements affect the subject land?
  • Are there any, and if so what, mortgages, easements, licences, restrictions, covenants or conditions as to user or otherwise, or any encumbrances affecting the subject property not disclosed by the usual searches?
  • Has the vendor received or are they aware of any notices from any federal, state, local government or other body or authority as to road construction or footpaths, drains channelling, sewerage, water installation, stormwater drainage, encroachment, user or any other matter in relation to the said land?
  • Is the vendor aware of any restrictions as to the user of the subject property or as to the erection, construction or alteration of any buildings, whether residential dwellings, flats, apartments, home units or otherwise on the subject land?
  • Are there any, and if so what, amounts due or accruing for rates, taxes, road or street construction, drainage, sewerage or water connection in respect of the subject property or is there any contingent liability or liabilities in respect thereof not disclosed by rate certificate under section 132 of the Local Government Act 1993 (Tas)?
  • Who is in occupation of the said land and in what capacity?
  • Has any person acquired any rights by adverse possession of the subject property or any portion thereof and if so what?
  • Has any person the right to remove any fixtures on the land such as buildings, sheds, fencing, or any fixtures in any building on the land, and if so what?
  • Are there any, and if so what, subsisting agreement or liabilities for boundary fences between the vendors and any adjoining owner or occupier and has any notice been given in respect of boundary fences?
  • Are any of the chattels and goods included in the Agreement for Sale subject to any existing Hire Purchase Agreement, Bill of the Sale or any other encumbrance, registered or unregistered?
  • Are there any way-leave agreements with electricity authorities affecting the said property or are there any contracts with the said Commission for the guarantee of the supply of power by way of private power line or otherwise?
  • What mining rights, mining leases, licences or mining tenements exist in the property under the Mining or any other Act relating to the same?

Answers to Requisitions on Title

The answer to the above questions may be ‘no’ but lawyers will phrase it something like ‘Not to the knowledge of the vendor but the purchaser must make their own usual enquiries of all relevant authorities’.

However the answer might be ‘yes’. Searches may reveal things that are unwelcome to the purchaser. Often local residents will know about problems in a particular suburb because of adverse media coverage. Such problems may include contamination from heavy industry, land slip areas, etc. The purchaser may be advised of these problems by the relevant Council during routine searches.

For rural blocks, problems that are revealed may be different such as the discovery of unwelcome easements or rights of way, or the discovery that the fences on the property in no way relate to the boundaries. The question arises, what to do when one of these searches provides unwelcome information. If the answer is such as to make the purchaser wish to withdraw from the contract then this is certainly the time to obtain legal advice.

Stamp Duty

Stamp duty is payable by a purchaser.

The amount of stamp duty to be paid on a purchase depends on the features of the transaction. Sometimes stamp duty is calculated based on the purchase price of the Property or there may be situations where stamp duty is assessed differently based on the value of the Property, particularly if a private sale or sale between family members.

There are a number of rulings on the issue of stamp duty. Professional advice should be obtained as to the impact of stamp duty prior to entering a contract.

You may be eligible for a reduction in stamp duty if you are eligible for a First Home Owner Grant. Information as to the stamp duty reduction that may apply in addition to First Home Owners grants and a useful stamp duty calculator are available on the State Revenue Office website.

The Duties Act 2001 (Tas) changed on 1st October 2012 and an example of how stamp duty is currently calculated based on the purchase price of a Property is set out below.

Rates after 1 October 2012 are:

  • $150,000: Purchase Price stamp Duty on Property: $4,185
  • $500,000: Purchase Price stamp Duty on Property: $18,247.50

The higher the purchase price or value of the transfer, the higher the stamp duty payable. Extract tables from the State Revenue Office of Tasmania is set out below.

Transfers BEFORE 1st October, 2012

Value of the Property (including chattels)                       Duty Payable
$0 – 1,300                                                                        $20

$1,301 – 10,000                                                                $1.50 for every $100, or part, of the dutiable value

$10,001 – 30,000                                                              $150 plus $2 for every $100, or part, by which the dutiable value exceeds $10,000

$30,001 – 75,000                                                              $550 plus $2.50 for every $100, or part, by which the dutiable value exceeds $30,000

$75,001 – 150,000                                                            $1,675 plus $3 for every $100, or part, by which the dutiable value exceeds $75,000

$150,001 – 225,000                                                          $3,925 plus $3.50 for every $100, or part, by which the dutiable value exceeds $150,000

Over $225,000                                                                 $6,550 plus $4 for every $100, or part, by which the dutiable value exceeds $225,000

Transfers AFTER 1st October 2012

Value of the Property (including chattels)                       Duty Payable

$0 -1,300                                                                          $20

$1,301 – 25,000                                                                $20 plus $1.75 for every $100, or part, by which the dutiable value exceeds $1,300

$25,000 – 75,000                                                              $435 plus $2.25 for every $100, or part, by which the dutiable value exceeds $25,000

$75,000 – 200,000                                                            $1,560 plus $3.50 for every $100, or part, by which the dutiable value exceeds $75,000

$200,000 – 375,000                                                          $5,935 plus $4.00 for every $100, or part, by which the dutiable value exceeds $200,000

$375,000 – 725,000                                                          $12,935 plus $4.25 for every $100, or part, by which the dutiable value exceeds $375,000

Over $725,000                                                                 $27,810 plus $4.50 for every $100, or part, by which the dutiable value exceeds $725,000

Filing Fees

In addition to payment of stamp duty, legal fees and disbursements for conveyancing work there are some Government filing fees payable in sale and purchase of real estate.

For example, these are some common filing fees and the current rates (subject to change) on a standard residential property sale and purchase:

(a) Filing fee on the transfer document signed by the Vendor - currently $188.64;
(b) Filing fee on registration of discharge of a Vendor’s existing mortgage - currently $152.64;
(c) Filing fee on registration of a new mortgage $123.12

The above fees are current as at the date of production of this chapter The Land Titles Office can provide information as to the current filing fees and fees on any other commonly lodged documents. A link to the Land Titles Office website and telephone contact details appear at the end of this chapter.

First Home Owners Grant

First home buyers may be eligible for up to a $7,000 Commonwealth grant towards the purchase of a residential home. More information including forms, guidelines, rulings and eligibility criteria is available from the State Revenue Office of Tasmania.

Settlement

On the due date for settlement, if you have engaged the services of a solicitor or conveyancer they will handle the procedural steps of settlement.

The purchaser and vendors should agree the final settlement figure. This amount is the purchase price less the deposit, plus or minus pro-rata rates and land taxes.

On settlement date the purchaser should have arrangements in place for the required funds for settlement to be made available. The purchaser’s solicitor or conveyancer will generally handle the collection of funds and the necessary cheques for settlement. They should also provide:

  • The original Certificate of Title to the property;
  • The original correctly signed and witnessed land transfer form;
  • Keys (if applicable);
  • Discharge of any registered mortgage or other encumbrance such as a caveat and applicable filing fees.

If the purchaser has taken out a mortgage to finance the purchase, all of the final steps on settlement day will be organised by their bank. The Certificate of Title and other documents will be retained by their bank who will organise assessment and payment of stamp duty and registration of the Certificate of Title into the name of the purchaser and the bank keep the original Certificate of Title while the mortgage is current.

If there will not be a mortgage to finance the purchase, usually the purchaser’s solicitor or conveyancer will handle the assessment and payment of stamp duty and registration of the Certificate of Title into the name of the purchaser. The Purchaser should ensure that they keep the original Certificate of Title in safe custody (such as by storing in a safety deposit box with a bank or in the strong room of a law firm) as the costs, risks and inconvenience of replacing a lost or stolen Certificate of Title are considerable.

Contacts and Resources

The Law Society of Tasmania 

www.taslawsociety.asn.au or telephone (03) 62 344 133

State Revenue Office

www.sro.tas.gov.au

email: fhogs@treasury.tas.gov.au

telephone (03) 6233 8070 or 1800 001 388 (for Tasmanian callers outside the 62 area)

Mineral Resources Tasmania

www.mrt.tas.gov.au

Real Estate Institute of Tasmania

www.reit.com.au

telephone (03) 6223 4769

Land Titles Office

http://dpipwe.tas.gov.au/land-property-titles/land-titles-office

telephone (03) 6233 3659

Strata Living in Tasmania Guide

Strata Living in Tasmania

Consumer Affairs and Fair Trading

http://www.consumer.tas.gov.au/real_estate

telephone 1300 654 499
 

 

Disclaimer

This does not constitute legal advice and the Tasmanian Law Handbook should not be used as a substitute for legal advice. No responsibility is accepted for any loss, damage or injury, financial or otherwise, suffered by any person acting or relying on information contained in it or omitted from it.