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Guide

Before you make an offer, check the title

A title search shows whether the person selling is the registered owner, and what's registered against the property: mortgages, caveats, easements, covenants and anything pending. It takes minutes, and it's worth doing before you sign or bid.

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Why get a title search before making an offer?

Your conveyancer searches the title before settlement. In NSW the contract must include a title search, in Victoria the vendor's Section 32 statement includes one, and in Queensland the seller's disclosure statement does. But that copy can be weeks old, and you may want answers before you make an offer, or before an auction where you usually can't back out.

A fresh search shows the register as it is today, including anything lodged since the contract was drawn up. Buyers have found a caveat lodged the day before they signed.

What should I look for on the title?

  • Owners: do the names match the seller? If not, ask why. It may be an estate, a company, a trust or a lender selling under its mortgage, all of which can be fine.
  • Mortgages: normal. The seller's mortgage is paid out and discharged at settlement. Several mortgages, or private lenders, are worth mentioning to your conveyancer.
  • Caveats: a caveat is a notice that someone claims an interest in the property. It can stop the sale being registered until it's removed, so ask how it will be cleared before settlement.
  • Easements: rights for someone else to use part of the land, such as a sewer, drainage line or right of way. They can limit where you build or extend.
  • Covenants: restrictions on what can be built or how the land is used, such as building materials or the number of dwellings.
  • Pending dealings: documents lodged but not yet registered. They mean something is happening on the title right now.

What doesn't a title search tell a buyer?

The title lists easements and covenants by dealing number, but not their full terms or where they sit. The terms are in the registered document (in NSW often an 88B instrument), and the position is on the plan. The title also doesn't cover zoning, building approvals, flooding, sewer lines, or strata matters such as by-laws and levies.

We don't sell plans or registered documents on their own yet. Your conveyancer can order them, or you can buy them from the state registry. Our guides explain caveats, easements, covenants and 88B instruments.

Which option fits a buyer?

The Title + Full Report is built for this: every entry explained beside its original text, red flags, and questions to ask the seller or your conveyancer. It's A$109 in NSW and A$109 in Victoria, and available in every state except WA, and Queensland for now.

In WA you get Landgate's official PDF, and in Queensland the official PDF for now. Take it to your conveyancer to go through with you.

Check a title before you offer

When should I call a conveyancer?

A title search tells you what's registered. It doesn't tell you whether to buy. If you see a caveat, a covenant that could block your plans, a pending dealing, or owners who don't match the seller, ask a conveyancer or solicitor what it means for the contract before you sign.

Common questions

Should I do a title search before buying a house?

It's worth doing before you make an offer or bid, especially at auction, where you usually can't back out. Your conveyancer will also search it before settlement.

Doesn't the contract already include a title search?

In NSW, Victoria and Queensland the seller has to give you one with the contract or disclosure statement. It may be weeks old, so a fresh search shows anything lodged since.

Is a caveat on the title a red flag?

Not always. Caveats are lodged for many reasons, from another buyer's interest to a family dispute or a lender. Ask your conveyancer what this one is and how it will be removed before settlement.

Why does the title show several mortgages?

A seller can have more than one loan secured on the property. They all have to be discharged at settlement, so mention them to your conveyancer.

Does a title search show past sales or the price paid?

No. It shows the current owners and registered interests. Past owners need a historical search, which we don't offer yet.

Does the title show the boundaries?

Not in most states. The plan shows the boundaries and measurements; Tasmania's title includes the face plan.