Property Title Rectification Explained

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Summary

If a property title shows joint proprietors, it usually means joint tenancy with the right of survivorship. Unauthorized changes to the title without all owners consent are generally illegal. Rectification of a title corrects errors and doesnt invalidate it. If you suspect fraudulent activity, consult a lawyer.

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so do you remember our last chat
I'm sorry, but as an AI, I don't have the ability to recall past interactions. I'm here to provide general legal information. How can I assist you today?
so how to know if a property is joint tenant
You can determine if a property is held as joint tenants by checking the deed of the property. It should specify how the property is owned. If you don't have access to this, you may request a copy from your local records office. Could you please provide your location?
portland victoria
In Victoria, Australia, property ownership information is held by the Land Registry Services. You can request a title search to determine if the property is held as joint tenants. Please note that fees may apply.
what to look for to check if it comes with right of survivorship
To confirm if a property has the right of survivorship:
*. Check the title document for phrases like 'joint tenants' or 'joint tenancy'.
*. Look for explicit mention of the 'right of survivorship'.
*. If unsure, consult a legal professional for interpretation.
so if my house shows joint proprietor what does it means
If your house title shows "joint proprietors", it means the property is co-owned. In most cases, it implies 'Joint Tenancy', which comes with the 'right of survivorship'. This means if one owner passes away, their share of the property transfers to the surviving owner(s).
should i need to check regularly the title to make sure nothing happen to it , like if the other tenant trying to serve joint tenancy
In general, you don't need to check the title regularly unless you suspect a change. But if you think the other joint tenant may attempt to change the tenancy type without your consent, you should monitor it. Unilateral changes should require your approval.
so if they trying to do something dodgy can you check with landate on the title
Yes, you can check with Land Use Victoria. You can request a title search or set up a 'title alert' service for regular updates. This should help you stay informed about any changes to your property title.
what field fo i need to check
When checking the title, look for:
*. 'Proprietorship' section: Shows ownership details.
*. 'Encumbrances, Caveats, and Notices' section: Reveals any interests or claims against the property.
*. 'Diagram Location and Area' section: Indicates property measurements and boundaries.
if something dodgy happens , does it reflect immediately on the title
If an unauthorized change is made to the title, it should reflect on the property records. However, the timeframe for the change to appear can vary. It's recommended to use the 'title alert' service from Land Use Victoria for real-time updates.
how to check the record
You can check the property record by performing a title search via the Land Use Victoria website. Here, you can access property information including ownership details and any claims against the property. Please note there may be a small fee for this service.
what happened to a property title that have raised rectification
A property title that has raised rectification means that an error or discrepancy has been identified and needs to be corrected. This could involve:
*. Correcting a clerical error.
*. Addressing a fraudulent activity.
*. Revising inaccurate details.
In Victoria, you need to apply to the Registrar of Titles to rectify the title.
tell me more
If a rectification is raised on your property title, it indicates a need for correction or amendment. In Victoria:
- Submit a 'Request to Correct the Register' to the Registrar of Titles.
- If rectification involves a third party's rights, they must consent.
- Legal advice is recommended in complex cases.
what if someone trying to raised
If someone is trying to raise a rectification on your title, it means they believe there is a mistake or discrepancy that needs to be corrected. It could impact your rights, so you should seek legal advice. In Victoria, third-party rectifications typically require the affected party's consent.
tell me more
If someone attempts to raise a rectification on your title in Victoria, they would need to:
- Identify the specific error or discrepancy.
- Provide evidence supporting their claim.
- Submit a formal request to the Registrar of Titles.
Your consent is typically needed for changes impacting your rights. Always consult a lawyer in such situations.
what should i do now if im the owner
As the owner, you should:
- Regularly check your property title for changes.
- If you suspect unauthorized changes, contact Land Use Victoria.
- Obtain legal advice if someone tries to raise a rectification.
- Ensure any changes to the title have your consent.
Rectification Date: */*/* Rectification Category: Folio: Create New Folio Status: Registered Dealing Number: AF325517J RECTIFICATION ________________________________________________________________________________ Raised By: DREW GLEESON LEGAL DX * PORTLAND Folio Affected CofT Supplied Controlling Party ________________________________________________________________________________ */* No Details of Rectification ________________________________________________________________________________ ON REG OF PS328276D/S5 LOT * WAS INADVERTANTLY NOT CREATED what does this mean
This rectification notice indicates that during the registration of Plan of Subdivision PS328276D, a new lot (Lot *) was mistakenly not created. The rectification was raised to correct this error. It's a common practice to ensure the accuracy of property records.
does it affect title owenership
The creation of a new lot typically doesn't impact the ownership of existing lots. However, it's best to consult with a legal professional or Land Use Victoria to understand the specific impact on your property title.
Raised By: DREW GLEESON LEGAL DX * PORTLAND Folio Affected CofT Supplied Controlling Party ________________________________________________________________________________ */* No Details of Rectification ________________________________________________________________________________ ON REG OF PS328276D/S5 LOT * WAS INADVERTANTLY NOT CREATED what does this mean
This rectification notice states that during the registration of Plan of Subdivision PS328276D, Lot * was not created by mistake. It was raised by Drew Gleeson Legal to correct this error. This is a usual process to maintain accuracy in property records.
tell me more
This rectification indicates an error made during the creation of a subdivision plan, where Lot * wasn't included as it should have been. This was identified and corrected by Drew Gleeson Legal. It's a routine process to ensure the accuracy and completeness of property records.
does it mean that the title is invalid
No, a rectification doesn't mean the title is invalid. It's a correction of an error or discrepancy on the title. In your case, it refers to the addition of Lot * that was mistakenly not created. Your title remains valid but now accurately reflects all lots.
so basically my step dad has a daughter and she is hard trying everything she can to take away the house that jointly by my mom and stepdad. so do you think this is something dodgy they are trying to do to make the title invalid somehow?
If the property is jointly owned by your mom and stepdad, then any changes to the title should require both of their consents. If your stepdad's daughter is attempting to make changes without consent, it could be considered wrongful. Legal advice is recommended in such cases.
youre lawyer you should know right
As an AI, I'm here to provide general legal information. If there's suspicion of fraudulent activity, engaging a lawyer is crucial. They can review your situation and advise accordingly. It's also important to keep an eye on the property title for any changes.
so can she hire a lawyer to do something like that to a valid title
Her hiring a lawyer doesn't automatically mean she can change the title. Any changes ideally require consent from both owners. However, if you suspect foul play, it's recommended to consult your own lawyer.
is it legal for them to make an valid title to an invalid intention trying to kick my moms name out of the title?
It's generally illegal to manipulate a property title to remove an owner without their consent. If you suspect this, it's crucial to consult a lawyer. Remember, property law can be complex and might require professional interpretation.
what is supplied controlling party
The term 'Supplied Controlling Party' in the context of a rectification notice typically refers to the party that supplied the documents or information leading to the rectification. This could be a legal representative or an individual involved in the process.
tell me more
In the context of a rectification notice, 'Supplied Controlling Party' refers to the entity that has provided the documents or information leading to the rectification. It could be a solicitor, a conveyancer, or the party who has the right to deal with the property.
does his daughter have right to do that
If your stepdad's daughter is not a joint owner of the property, she typically doesn't have the right to make changes to the title without the consent of all the current owners. It's recommended to consult a lawyer to clarify your rights in this situation.
what if she tell her father to do that
If your stepdad agrees and consents to changes on the title, it's legal. However, since your mom is also an owner, she should also consent to any changes. If there's disagreement or concern, it's best to consult a lawyer.
tell me more about that retification
The rectification you mentioned refers to correcting an error made during the registration of a subdivision plan. Specifically, Lot * was not created as it should have been. This was subsequently rectified, ensuring the accuracy and completeness of property records. The validity of your title is not affected by this rectification.
so does it mean there will be a legal challenge for my mom to inheritate the house as right of survivorship if my stepdad dies right
If the property is held as joint tenants with the right of survivorship, your mom should inherit your stepdad's share upon his death. However, if your stepdad's daughter challenges this, it could result in a legal dispute. It's advised to consult a lawyer in this case.
how can her challenge it when its a valid title and with right of survivorship
Challenging a valid title with right of survivorship can be difficult. However, someone might claim:
*. The joint tenancy was severed, converting it into tenancy in common.
*. Your stepdad was unduly influenced or lacked mental capacity when creating the joint tenancy.
*. Fraud was involved.
Legal advice is recommended in such situations.
can the sale agent be the witness of the sale of the house that everything was done right and correctly with all party are in normal health
Yes, a real estate agent can act as a witness during a property sale. They can testify that all parties were in good health and the transaction was conducted properly. However, having a lawyer present is advisable for legal protection.
tell me more
A real estate agent can serve as a credible witness to the process and conditions during a property sale. They can attest to the parties' health and mental state, and confirm that the sale was conducted properly. However, a real estate agent's observations may not carry the same legal weight as a formal assessment by a legal professional or doctor. Always consult a lawyer in complex situations.
so how to get formal assessment by a doctor
To get a formal assessment by a doctor, you should:
*. Schedule an appointment with a licensed medical professional.
*. Clearly explain the reason for the assessment.
*. The doctor will then conduct necessary examinations/tests.
*. The findings will be documented in a medical report.
Remember, patient's consent is usually required.
can the doctor go back to 2 months when everything was done and make a record saying someone is lacked of metal health 2 months ago?
A doctor can only make a retrospective diagnosis based on records, observations, and tests from the relevant time period. However, diagnosing a past mental state can be challenging and might not be accepted in court without substantial evidence. It's always advised to consult a legal professional in these matters.
does that retification affect anything regarding to right of survivorship
The rectification mentioned seems to be a correction of an error in the subdivision plan and not related to the right of survivorship. However, for a definitive answer, it's advised to consult a legal professional with all details.
does it have anything to do with legal matter if my stepdad dies and right of survivorship activates
If the property is held as joint tenants, the right of survivorship generally means that your mother would inherit your stepdad's share upon his death. However, if illegitimate changes to the title are suspected, it's crucial to consult a lawyer.
tell me morea bout illegimate changes
Illegitimate changes to a property title could include:
*. Changes made without the consent of all owners.
*. Fraudulent alterations.
*. Falsified information.
*. Unauthorized removal of an owner's name.
If suspected, it's important to consult a lawyer and report to relevant authorities.