Title is legal ownership of an asset, and the record that proves it, such as a certificate of title for land.
Also known as: certificate of title, legal title, title deed
Key points
- Holding title means you own the thing. Holding the keys does not, which is why possession and ownership are treated separately.
- Land title is recorded by each state or territory titles office, and a mortgage is registered against it.
- For vehicles and equipment there is no certificate, so a PPSR search is how you see who has a registered interest.
- Under a chattel mortgage you take title at settlement; under a hire purchase the financier keeps it until the last payment.
- Clear title matters when you sell, because a buyer wants the asset free of anyone else's registered security.
How title works
Australian land is held under the Torrens system. The register kept by the state or territory titles office is the authority on who owns each parcel and what is registered against it, so ownership follows registration rather than a paper deed in a drawer.
Goods work differently. There is no register of ownership for a truck or a packaging line, only a register of security interests, the Personal Property Securities Register. Ownership of goods usually passes under the contract of sale and the invoice, which is why those documents get checked so carefully at settlement. Vehicle registration is not proof of ownership: it records the registered operator, the person who may use the vehicle on the road.
Title and finance
Who holds title is the difference between the main finance structures. Under a lease the lessor owns the asset and you pay to use it. Under a hire purchase the financier owns it until the final instalment, then title passes to you.
Under a chattel mortgage or a secured loan you own the asset from day one and the lender registers a security interest instead. That structure is what allows repossession if repayments stop, even though the asset is legally yours throughout.
Checking title before you buy
For property, a title search shows the registered owner, any mortgages, easements, covenants and caveats. For a vehicle or a machine, a PPSR search against the VIN or serial number shows whether a financier has registered an interest in it. HPI is overseas shorthand some buyers use for a vehicle history report that bundles a PPSR search. There is no equivalent check for equipment.
Buying goods that still carry someone else's registered interest is a real risk, because the financier can recover the asset from you even though you paid for it. A search and a written inspection record before you hand over money are cheap by comparison.
Example
A courier buys a used van privately for $38,000. Before paying, he runs a PPSR search on the VIN and finds a finance company has a registered interest from the previous owner's loan. The seller pays out that loan, the financier removes the registration, and only then does the courier transfer the money. Without the search, the van could have been repossessed from him for a debt that was never his.
Not to be confused with
- Lien
- a lien is a claim over an asset held by someone else, title is ownership of it
- Bill of sale
- a bill of sale is the document recording a transfer of goods, title is the ownership that transfer passes
Frequently asked questions
What does title mean in property?
It means legal ownership of the land, recorded on the register kept by the state or territory titles office. The title record also shows what is registered against the property, including mortgages, easements and caveats, which is why a title search is standard before any purchase.
Who holds the title on a financed car?
It depends on the structure. With a secured car loan or a chattel mortgage you own the vehicle from settlement and the lender registers a security interest over it. With a hire purchase or a lease the financier owns it, and ownership only passes if and when the agreement says so.
What is a certificate of title?
It is the official record of ownership of a parcel of land, showing the registered owner, the lot description and every registered interest affecting it. Most states now keep these electronically rather than issuing paper certificates, and the register itself is what counts.
How do you check if a car has clear title?
Run a PPSR search using the vehicle identification number. The certificate you get back shows whether any finance company has registered a security interest, and whether the vehicle has been reported written off or stolen. Keep the certificate, because it also gives you some protection as a buyer.
What is the difference between title and possession?
Title is legal ownership. Possession is simply having the asset and using it. A leased forklift sits in your warehouse every day, but the lessor holds title to it. The two only line up when you own what you are holding.
Related terms
Security (collateral)
Security (collateral) is an asset or legal interest a borrower grants a lender, which the lender can take and sell to recover the debt if the borrower defaults.
Read definitionMortgage
A mortgage is the legal charge a lender registers over property to secure a loan, giving it the right to sell the property if you default.
Read definitionChattel mortgage
A chattel mortgage is a business loan for a vehicle or equipment: you own the asset from settlement and the lender holds a security interest until it is repaid.
Read definitionHire purchase
Hire purchase is a finance agreement where a financier buys an asset and hires it to you for fixed instalments, with ownership passing to you at the final payment.
Read definitionAsset
An asset is anything a business or person owns or controls that is expected to produce future economic benefit, such as cash, equipment, vehicles, property or receivables.
Read definitionLien
A lien is a legal right a creditor holds over another person's property, such as goods or land, as security until a debt is paid.
Read definitionGo deeper
Sources
This article is general information only and is not financial advice.