Lost Original Property Title in Malaysia: What Should You Do?

Losing the original title to a property can be worrying, particularly if you are planning to sell, transfer, refinance or otherwise deal with the property.

The good news is that a lost original title does not mean that you have lost ownership of the property.

For properties where an individual, strata or other registrable title has already been issued, an application can generally be made to the relevant Land Office or Land Registry for a replacement title in accordance with the applicable land procedures.

What Is the “Original Title”?

When people refer to the “original property title”, they normally mean the issue document of title issued to the registered proprietor.

Depending on the property, this may include an individual title or strata title.

This should be distinguished from the register document of title maintained by the land authority. Therefore, losing the physical issue document held by the proprietor does not by itself remove the proprietor’s registered ownership.

What Should You Do If the Property Title Is Lost?

The first step is usually to establish the particulars of the property and confirm the current registered ownership and status of the title.

An official land search may therefore be conducted before the replacement application is prepared.

The precise requirements and forms for the replacement application may differ depending on the relevant State Land Office or Land Registry.

Lodge a Police Report

If the original property title is lost, it is generally prudent for the registered proprietor to lodge a police report as soon as reasonably possible after discovering the loss.

This can be particularly important where:

• the title may have been misplaced outside the owner’s possession;
• there is uncertainty as to how or when the title was lost;
• the title may have been stolen;
• the title was previously kept by another person, firm, bank or organisation; or
• there is any concern that the document could potentially be misused.

The police report may also assist in explaining the circumstances of the loss when preparing the statutory declaration and application to the relevant Land Office or Land Registry.

Statutory Declaration Relating to the Lost Title

A statutory declaration will commonly form part of the application.

The declaration may set out matters such as:

• particulars of the registered proprietor;
• particulars of the property and title;
• how the title came to be lost;
• when the loss was discovered;
• the circumstances surrounding the loss; and
• confirmation that reasonable efforts have been made to locate the document.

The Land Office or Land Registry may require further information depending on the circumstances of the case.

What Happens After the Application Is Submitted?

The application is submitted to the relevant Registrar or Land Administrator.

The authorities may then verify the title particulars through their records and relevant land administration system.

This is one reason why replacing a lost title is not simply the same as obtaining another photocopy of the title.

How Long Does Replacement of a Lost Title Take?

It is not an immediate process because verification, investigation and Gazette procedures may be involved.

In practice, the actual period may vary depending on the relevant Land Office or Land Registry, completeness of the documentation, whether further investigations are necessary and the circumstances of the loss.

Property owners should therefore avoid waiting until immediately before an intended sale or refinancing to resolve a missing-title problem.

What If You Are Planning to Sell the Property?

If you have already agreed to sell the property and subsequently discover that the original title is missing, inform your conveyancing lawyer as early as possible.

The lawyer will need to consider how the missing title affects:

• preparation and completion of the Sale and Purchase Agreement;
• the agreed completion period;
• redemption of any existing financing;
• registration of the transfer;
• the purchaser’s financing; and
• delivery of the title for registration.

The SPA may need to deal specifically with the time required to obtain the replacement title.

Further reading: Sale and Purchase Agreement in Malaysia

What If the Property Is Charged to a Bank?

Before assuming that the title has actually been lost, check whether the original title is being held by the financing bank.

For a property subject to a registered bank charge, the title may remain with the bank or its solicitors as part of the security documentation.

Where the loan has already been fully repaid, a discharge of charge may also have to be completed before the title is returned or dealt with.

Further reading: Discharge of Charge and Loan Settlement in Malaysia

Can a Lawyer Assist With a Lost Property Title?

Yes.

Depending on the circumstances, a conveyancing lawyer may assist in identifying the title particulars, conducting the necessary land search, preparing the application and statutory declaration, liaising with the relevant land authority and dealing with the replacement title as part of a subsequent sale, transfer or financing transaction.

For general assistance with property transactions, you may also refer to our:

Conveyancing & Property Legal Services

Need Assistance With a Lost Property Title?

If you have lost the original individual or strata title to a property in Kuala Lumpur, Selangor or elsewhere in Peninsular Malaysia, you may contact TEH & YU with the available particulars of the property.

Where possible, provide a copy of the title, previous SPA, assessment bill or other documents showing the title particulars so that the appropriate next steps can be considered.

This article provides general information only and does not constitute legal advice. Land administration procedures, documentation, fees and requirements may vary between State Authorities and Land Offices and according to the circumstances of each property.