A Section 103 can help you avoid property law issues in the future.

Rose Lawyers on 24 June 2016

One of the most important documents you can possess is the Certificate of Title for your property. That's why it's essential that all the details on the title are correct and accurate.

If there are any mistakes on your title, you may need to complete a Section 103 Application, but unless you're very familiar with property law, you may be asking "what is a Section 103?"

This is an introduction into what a Section 103 is and when you may need one.

What is a Section 103?

'Section 103' refers to that section of the Transfer of Land Act 1958 (Victoria). Section 103 is the part of the act that provides for the correction of errors on a property title.

A Section 103 Application allows you to apply to amend a Certificate of Title to correct any mistakes. For example, a mistake could have been made by a surveyor in the past causing the measurements on your title to be incorrect. Another possible mistake could be typos or misspellings in the document, such as a name being spelled incorrectly.

In these cases, a Section 103 Application would be required to correct the mistakes and re-establish the correct property boundaries on the title.

Why do you need to fix errors on your property title?

Errors on your property title could become very costly. If the boundary on your title is incorrect and smaller than the correct boundary, this can significantly reduce the value of your property since it may make your property appear to be smaller than it really is.

The boundary of your property, as written on the title, will also be extremely important in the event of an adverse possession dispute. If there is a mistake on your property title, you may have great difficulty in proving that a portion of the property rightfully belongs to you.

Any errors in the spelling of your name, or other errors generally in the title could also cause complications if you wish to sell or transfer your property in the future.

What is the Section 103 Application process?

looking at land plans

People commonly find out about a mistake on their title after a surveyor has inspected the property, or they see a mistake or spelling error upon reading the title. Once you have found out that there is an error on your property title, you will need to complete a Section 103 Application.

You will need the services of a property lawyer in order to complete a Section 103 Application. Your lawyer will be able to guide through the process and explain each step to you. The application itself will require very specific supporting documents which a property lawyer will be aware of.

Your Section 103 Application may require working closely with a surveyor as well as investigating when and how the original mistake on the title was made. This requires a technical understanding of property law and all of the documentation that is required.

Get advice from a property law expert

Property law can be very complicated, especially when property boundaries and title documents are involved. A skilled property lawyer or conveyancer will ensure that your Section 103 Application goes smoothly.

At Rose Lawyers, we have over 35 years of experience in dealing with property law issues. We can help you with your Section 103 Application and ensure that every aspect of your title is correct.

For help with your Section 103 Application, call Rose Lawyers on 03 9878 5222.