Unregistered Dealings Search
THE UNLIMITED UNREGISTERED DEALINGS SEARCH
The unregistered dealings search is a computer search by which lawyers find out
if there are any dealings pending on a particular title. In other words if a purchaser
tells the lawyer that he is going to buy title number 4567/1, then the lawyer will effect a
search of all dealings on that title to find out if there are any dealings such as mortgages
waiting in the titles office to be placed on that title.
This is of course important as the buyer wants to know what obligations are on the title
before he commits himself to buying the property. For example if there is an undischarged
mortgage, the purchaser may not want to go through with the deal.
The unregistered dealing search may be undertaken by the solicitor when the client first
indicates that he wants to buy the property. The solicitor will then effect another
search immediately prior to settlement day.
What is interesting about the unregistered dealings search in the Tasmanian Lands, Titles Office
is that an unregistered dealing search can be obtained on any number. In other words
the search is not limited to existing folios.
In this case I requested an unregistered dealings search on folio 29340/3 a number which does not
exist.
You will note that the unregistered dealings search does not default to the phrase:"Sorry this
folio does not exist" or something of that nature but defaults to a negative result.
The pitfalls of any computer system producing this sort of result seems to me to be obvious,
as if you could obtain this sort of result, then you are half way to proving that a non-existent
folio actually exists, however I could be wrong.
Questions which could be asked here include:
For computer systems buffs, how many different ways could be found to rort this system and
produce land titles which don't exist?
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