Title Search Australia — What It Is and How to Do It (2026)
A title search confirms the legal ownership of a property and reveals any interests, encumbrances, or restrictions registered against it. It is one of the first steps in property due diligence — and is conducted by your conveyancer or solicitor as standard practice.
What Is a Title Search?
In Australia, land ownership is recorded in each state’s land registry (Torrens title system). A title search is a search of this registry that produces an official document — the Certificate of Title (or a title search record) — showing:
- The registered owner(s) of the land
- The legal description of the land (lot and deposited plan number)
- Any mortgages (charges) registered on title
- Any easements noted on title
- Any caveats lodged against the property
- Any covenants or restrictions
The Torrens system provides indefeasibility of title — meaning the registered owner has conclusive legal proof of ownership, protected by the state.
What a Title Search Reveals
Registered Owner
Confirms the person selling the property has legal title to do so. Occasionally, sellers attempt to sell properties they do not own — or where title is disputed. A title search exposes this immediately.
Mortgages and Charges
Any lender that holds a mortgage over the property is noted on title. At settlement, the vendor’s mortgage is discharged as part of the transaction — the proceeds pay out the lender, and the encumbrance is removed.
Easements
An easement is a registered right for another party to use part of the land for a specific purpose — for example:
- A drainage easement allowing the council to access underground pipes
- An electricity easement for power lines running through the property
- A right of way allowing a neighbour access across the land
Easements are permanent and transfer with ownership. See Easements and Covenants — What Property Buyers Need to Know for detail.
Caveats
A caveat is a formal notice lodged by a third party claiming an interest in the property. The presence of a caveat can prevent registration of a transfer (settlement) until the caveat is resolved. See What Is a Caveat on Property? for detail.
Covenants and Restrictions
Restrictive covenants limit what can be done with the land — for example, prohibiting certain types of development, requiring minimum building setbacks, or controlling external materials. See Restrictive Covenants on Property for detail.
Torrens Title vs Other Title Types
The vast majority of Australian residential property is Torrens title — a government-guaranteed record of ownership.
Other title types exist:
| Title type | Description | Lending implications |
|---|---|---|
| Torrens title | Standard; state guarantees the register | Normal lending |
| Strata title | Lot within a strata scheme; common property shared | Normal lending; strata-specific checks apply |
| Community title | Lots within a community scheme | Normal lending; community scheme checks apply |
| Company title | Share in a company that owns the building | Most major banks will not lend; specialist lenders only |
| Old System title | Pre-Torrens; converted to Torrens in most states | Rare; conveyancing complexity — solicitor required |
| Leasehold title | Crown lease (ACT; some other areas) | Lenders accept; lease terms and renewal must be checked |
How to Order a Title Search
Through your conveyancer or solicitor: This is the standard approach — your conveyancer orders title searches as part of their standard pre-exchange due diligence. In most states, this is included in their conveyancing fee.
Directly from the land registry: You can order a title search directly (publicly searchable) in most states:
- NSW: NSW Land Registry Services (nswlrs.com.au)
- VIC: Land Use Victoria (landata.vic.gov.au)
- QLD: Titles Queensland (titlesqld.com.au)
- WA: Landgate (landgate.wa.gov.au)
- SA: Land Services SA (sa.gov.au/landservices)
Cost: $15–$30 for a standard title search (varies by state).
When Is a Title Search Done?
| Stage | Action |
|---|---|
| Before exchange | Order title search — confirm registered owner, easements, caveats |
| Before settlement | Final title search — confirm no new encumbrances since exchange |
| At settlement | Transfer registered; title record updated to new owner |
Your conveyancer will conduct both the pre-exchange and pre-settlement searches.
Frequently Asked Questions
Can a title search reveal unpaid rates or land tax?
A title search shows registered encumbrances — in some states, unpaid land tax may be noted as a charge on title. Outstanding council rates are typically not noted on title but must be cleared at settlement (your conveyancer conducts rate clearance searches separately).
What if the title search shows the seller is not the owner?
Stop. Do not proceed. This is a serious red flag and must be investigated by your solicitor immediately. Fraud exists — title search data should match the person you are dealing with.
Does a title search show everything about the property?
No — a title search shows registered interests only. It does not reveal: building code compliance, unresolved council matters, informal agreements between neighbours, or underground services not registered as easements. Other searches (planning certificate, drainage diagrams, etc.) are needed for a complete picture.
Related Due Diligence Guides
- Easements and Covenants — What Property Buyers Need to Know
- What Is a Caveat on Property?
- Restrictive Covenants on Property — What They Mean
- Property Due Diligence Checklist Australia
- Property Due Diligence Hub
This article provides general information about title searches in Australia. Property law and registry procedures vary by state. Always engage a licensed conveyancer or solicitor for property transactions. Find one through MoneySmart.