Property law

When property is owned as joint tenants both owners hold the property together as a single ownership interest. If one of the joint owners passes away, their interest automatically passes to the surviving owner. However, the property title must still be updated with Titles Queensland to reflect that change. This is done by lodging a Notice of Death or Survivorship. Once registered the surviving owner becomes the sole registered owner of the property.  We assist clients with preparing the required documentation and lodging the Notice of Death or Survivorship with Titles Queensland. Where the form is available through the Titles Queensland eLodgement platform, we may be able to lodge the application electronically. Where it is not available electronically, we will prepare and arrange the manual lodgement of the documentation with the Titles Office.

When someone passes away and the property was owned as joint tenants the surviving owner must lodge a Notice of Death or Survivorship with Titles Queensland.  This process updates the title register so that the surviving owner is recorded as the sole registered proprietor. While the legal effect of survivorship happens automatically the title itself must still be formally updated. Many people are unsure how to prepare or lodge these documents.  As authorised eLodgement users, we may be able to lodge certain title documents directly through the Titles Queensland platform where the relevant form is available electronically. Where electronic lodgement is not available, we will prepare the documentation and arrange for the application to be lodged manually with Titles Queensland.

Yes. It is quite common for property titles to contain names that do not match a person's current legal name. This can occur for a number of reasons. For example, the property may have been purchased under a maiden name, the owner may have changed their surname after marriage or divorce, the title may contain a shortened version of a name or older titles may record incomplete or abbreviated names. A common example we see is where a title may show Kat Smith while the owner's full legal name is Katherine Elizabeth Smith. While the person is clearly the same individual, Titles Queensland requires formal documentation before the title can be corrected.  We assist clients with preparing the required evidence and documentation and lodging the title amendment application with Titles Queensland. Where the relevant form is available through the eLodgement platform, we may be able to lodge the application electronically otherwise we will prepare and arrange manual lodgement with the Titles Office.

The Queensland land titles register is a legal record of property ownership. Because of this, Titles Queensland has strict requirements about the documents needed before a title can be amended. Depending on the situation, this may involve providing identity verification, documentation evidence of name changes, statutory declarations and certified supporting documents required by Titles Queensland. These requirements can sometimes feel frustrating for property owners particularly where the issue appears simple.  We regularly deal with the requirements of Titles Queensland and prepare the documentation so the application can be lodged correctly. As authorised eLodgement users, we may be able to lodge certain documents electronically where the relevant form is available. Where electronic lodgement is not available, we will arrange for the application to be lodged manually with Titles Queensland.