[Melissa McCulloch]

Hi All

Has anyone had any experience with possessory title enquiries in terms of 3rd party requests.

I have a solicitor working with Land Registry Services to lodge the possessory claim and wanting to know if rates on a property have been paid.

I suggested applying for a 603 Certificate to him and he has been told that this will not satisfy the Land Registry requirements.

I am hesitant to provide any detail due to privacy reasons.

Thanks
Mel

[Ian Clayton]

Hi Mel,

We get quite a few of these. They’re usually parts of rural properties that have missed being transferred with the rest of the property in the past.

Often, we have the lot included in the current ratepayers assessment even though the title may not be in their name. Some others are in the historical owners name, but care of the current owner. The historical owner is usually deceased, which eases our privacy concerns.

As long as we’re satisfied the solicitor is acting for the person who is actually paying the rates, we issue the letter. We confirm the name & address the rates are being sent to, and if the rates are up to date. We don’t confirm who actually pays the rates, as its difficult to be 100% certain due to Bpay, cash payments etc.

It’s my understanding this information is required to successfully process the possessory title application through LRS.

Cheers
Ian

[James Bentley]

Hi Mel,

I recently had one of these requests for a sliver of a parcel still legally owned by someone who died in the 1880s. The parcel itself was included in a current assessment, undoubtedly for the reason Ian mentioned in his reply above. We follow the same process as he does. In my experience the prospective owners are satisfied with this approach after having to discharge the onerous evidentiary requirements demanded by LRS in these cases.

Cheers,
James

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