A title search helps identify the registered owner and interests recorded against a property. It is not simply a check that the address is correct. Entries can affect access, building plans, services or how the property transfers. Their practical effect depends on the actual wording and associated documents.
Our conveyancing referral service connects you with independent professionals who can review this information. Ask for advice before committing, especially if you intend to extend, subdivide or change the property's use. The property due diligence guide covers the other checks around a purchase.
Read the entry, plan and instrument together
The title may refer to a registered plan and numbered instruments. Ask your conveyancer which underlying documents need to be obtained. A short entry may not show the exact location, beneficiaries, obligations or conditions of a restriction.
Consumer Affairs Victoria describes an easement as a right to use another person's land, such as for drainage or sewerage. A covenant creates an obligation to do or refrain from doing something; a restriction on the number of dwellings is one example. These definitions are a starting point, not an interpretation of a particular title.
Questions that connect the title to your intended use
- Where does an easement run on the plan, and who benefits from it?
- What access, construction or maintenance rights does the document create?
- Does a covenant restrict the dwelling type, materials, development or another use I am considering?
- What mortgages, caveats or other interests are recorded, and how will relevant interests be dealt with at settlement?
- Do the title and plan identify the parcel I inspected, including any parking or storage interests?
- Which council, planning, survey or other searches are separate from the title review?
A hypothetical extension problem
Imagine planning an extension across a rear yard that contains a drainage easement. The important question is not just whether the easement exists, but whether the proposal conflicts with the rights or restrictions it creates. Ask the conveyancer to explain the document and a suitable planning or building professional to assess the works. Do not assume that permission is available or that an existing structure proves approval.
Likewise, a fence is not necessarily the legal boundary. If measurements, encroachments or access are uncertain, ask whether a survey is needed. A conveyancer reviewing documents is not performing a physical survey.
Know what a clean-looking title does not establish
Title information is not a complete account of flood risk, planning controls, building approval, structural condition or every dispute. The relevant searches and disclosures differ between states, tenure types and transactions. Ask which checks are included in the quoted engagement and which must be ordered separately.
For strata or other shared-property arrangements, review the relevant plan and records rather than assuming every area used by the seller is privately owned. Parking may be a separate lot, common property or subject to a right of use. The document matters more than the marketing description.
Keep decisions traceable
Request a written explanation of material issues, missing information and the implications for your planned use. Give your conveyancer the actual proposal rather than a vague intention to renovate. Resolve uncertainty while advice can inform the contract, not after relying on a verbal assurance from the seller.
A title-search question
Can a covenant simply be removed after purchase?
Do not assume so. Removal or variation can involve legal processes, affected parties, cost and uncertainty. Obtain advice on the specific restriction before purchasing on the expectation that it can be changed.
