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REG-04 Rectification in the Register and on Instruments (after Registration)

Version 3 - 19/06/2024

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1. General1

Under s.188 (3) of the Transfer of Land Act 1893 (TLA) the Commissioner of Titles may direct the Registrar of Titles to correct an error made in the Register (including graphics associated with the certificate of title) or on entries made on Duplicate Instruments. These are errors or omissions identified or detected after the registration of an instrument or other dealing.

On a paper title critical errors amended by direction of the Commissioner and minor or simple clerical errors amended by Assistant Registrars of Title are made by merely striking through the error and adding the correct or omitted information.

With digital titles however, all changes must be effected by the lodgement of a document. Sundry Document type XA has been developed to facilitate the rectification of all errors and/or omissions that occur in the case of a digital title.

Rectification of an error or omission on a digital title will create (by using the Sundry Document) a new version of the Register.

Where an error or omission requires rectification in an instrument (but does not effect a change on the current status of a digital title) Sundry Document type XE is to be used for directions to amend and by Assistant Registrar’s. Sundry Document type XE enables registration of the rectification in the Historical Database without affecting the current status of the digital title for the land.

1Section updated 08/07/2023 to remove reference to duplicate certificate of title

1.1 Registered Proprietor's Names on Titles2

From time-to-time Landgate receive requests to correct names on titles where there may have been evidence in support presented with a registered paper document.

Where the evidence originally provided supports the correction of a name of a registered proprietor on a certificate of title, the Commissioner of Titles will consider directing the Registrar of Titles to correct the name on title. Where there is no evidence to support a correction, a Change of name application should be considered. Refer NAM-01 Name Amendment.

2Section added 19/06/2024

2. Street Address and Local Government Statements

Street address and Local Government statements contained on a digital title are held in separate databases from digital titles. The digital title is populated with this information from databases under the responsibility of Location Products and Services and Registrations respectively. Any rectification of an error or omission in these databases can only occur, after investigation by officers within those business units.