A property title holds legal information about a piece of property, including details about the land and crucially who owns it or has a mortgage on it. During settlement of a property transaction the title is updated to reflect the change in ownership. A conveyancer or solicitor will usually conduct a search of property title records during the settlement process, or it will be included in the contract of sale.
There are different property titles used for different property types and require different ownership structures. Here are some of the most common ones:
You can use the New South Wales Land Registry Services online portal for free searches of electronic notices of sale and historical maps, plans, titles and indexes.
For more comprehensive information, the NSW LRS refers to several authorised information brokers:
Queensland allows you to do online title searches and access documents for $23.27 (excluding GST). You can use the Online Title and Image Search (OTIS) on the Queensland Titles website. You can alternatively use the drop-box facility at the Titles Queensland office in Brisbane (there are no face to face enquiries available).
You can also obtain property title searches from the following approved distributors:
You can search for property titles in the ACT through Access Canberra. There is a fee of $33. If you plan to do multiple searches across multiple users, you can set up a subscriber account.
Victorian property information is accessible online at the government’s LANDATA website. This is where you can conduct a property title search. There is a wealth of other information you can order at the same time as the property title search. It's a simple process, and the land title itself will cost you $16.34 as it incorporates the Register Search Statement (Title) and Land Index Search. You may also include other documents such as Copy of Plan ($7.26) depending on the property’s history.
You can do a title search online in Tasmania through The List (Land Information System Tasmania) website. You will need to create an account to do any searches. A land title search will cost you $35.60.
For SA, you can access property titles and other property information through the South Australian government's exclusive partner Land Services SA's SALIS (South Australian Integrated Land Information System) website. You can do a search in SALIS through an account you register with them. Alternatively, there are select searches you can do as a guest, one of which is a land title search. Ordering a copy of the certificate title will cost $41.50.
To do a title search online with the Western Australian government, you will need to visit the Landgate website. On the site, you will need to enter certain property details and pay $30.50.
You can search for a land title online through the NT title search website. The property title will cost $27, plus a $5.50 search access fee. You can also search in person, by email or over the phone. Professionals, such as conveyancers who regularly do land title searches, have access to an online portal called the Integrated Land Information System (ILIS) for a monthly fee.
Whether you are doing the checks yourself or have hired a professional to do the relevant searches for your purchase, there are key things you need to look at when you review the land title.
Make sure that you are purchasing the property from the authorised and registered owner of the property. There could be cases where individuals who aren’t registered as the official owners of the properties are putting them on the market. It is best to flag these issues so the issue is resolved before the sale is finalised.
These are restrictions placed on the land, whether by local council, land zoning or for other reasons. Some examples of encumbrances that may appear on a property title are mortgages held by the owner or easements that affect the use of the land.
An easement restricts the use of the land you are purchasing. These restrictions can range from the ability to build certain structures to the placement of water pipes or drainage on your land. It’s important to check for easements both for any future plans you may have for the property as well as the current structure on the land.
A caveat is when another party holds a claim on the property, such as a mortgage or other loan. The property’s owner can easily remove these caveats from the title before or at the time of settlement, depending on the type of caveat.
If there is a covenant on the property title, you should seek legal advice as they typically restrict what you can do or how you can interact with the property. One example of a covenant would be restrictions on the type of materials you can use to build a structure on that property. If there have been changes made to the property, there may be a note about this marked as a covenant. It will also include a copy of the plan associated with the change.
There is a final section on a property title for anything that has been registered with the land titles office. If the land title office doesn’t have anything registered in their system, they will simply put NIL in this section.
Title insurance is a minor cost, but it could be a major protection for your property purchase.
Removing a name from a property title can require the help of a legal expert, and might come with fees depending on the state. Find out how to do it here.
Transfer of ownership of property is relatively straightforward, but there are a few steps involved. Here’s what you need to know.
Adding a name to a property title, or transferring house title to your spouse? Our guide walks you through the steps and costs involved.
if I was released from being a guarantor on a property 3 years ago, but when I paid my mortgage off last week and went to change the title deeds. I was told I had to pay for the release of the title deeds on the other property too, because the bank still had my house connected to it. The other property became mortgage free last year with the title deeds already change over. Is this correct?
Hi Graham,
When you were released as a guarantor from the property 3 years ago, was your name legally removed from the title deed?
This usually happens via a discharge/refinance authority form with your lender. They then order their own valuation of the property, in order to release you as guarantor and move the loan entirely into the rightful owner’s name. You would have signed some forms and there is usually a small discharge fee of around $300. Do you remember going through this process?
Your best best is to contact the bank where you were guarantor to double check what happened. They should have followed this process 3 years ago, so it’s not clear what has happened – hopefully they have some answers for you.
Best of luck!
Sarah
I would like to know how many titles are on the property 104 best street sea lake as it is for sale and I am interested in purchasing it
Hey Robyn,
Thanks for getting in touch with Finder!
It’s nice to know that you are purchasing a property. To get information on how many titles are on 104 Best St. Sea Lake, you can reach out to a real estate agent in your location. As of this time, we don’t have this information on our site.
Hope this clarifies and best of luck on your property!
Best,
Nikki
How do you change a duplex strata to Torrens title?
Hello Julie,
Thank you for your comment.
In order to convert from strata to Torrens, you need to consolidate the entire strata plan, which generally means that you need to own the entire complex. Otherwise, if the lot you own is of a size which would qualify for the title in its own right (refer to the Local Environment Plan & Development Control Plan), then you’d need to submit a Developmental Application for the re-strata titling (new strata sub-division, compliance with any new DA requirements, building upgrades etc).
Best to consult this with the local government agency that handles property titles and deeds to discuss the process.
Should you wish to have real-time answers to your questions, try our chat box on the lower right corner of our page.
Regards,
Jhezelyn
We built our home before we got married after being together as de facto for 17 years. My partner took out mortgage on his own and I paid for rent and 2 children. We thought it easier that way at that time. We now have been married since 2006 and built our house and moved into it in 1999. We did not add my name on the deed as planned but would like to do so now. What forms do we need? Cost of adding name? and do we go to Parramatta Office? He has taken this week off work specifically for us to settle this at last, as we have left it for so long. We want to get all affairs properly settled for our two children’s (adults now) sake. Thank you kindly
Hi Florie,
Thanks for your question.
Kindly note that finder.com.au is a financial comparison and information service. As such we can’t give advice when it comes to changing the details of your property deed.
Each state have different processes and fees relating to changing the property deed. It would be best to reach out to the local government agency that handles property titles and deeds to discuss the process and fees in relation to making this change.
Cheers,
Anndy