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.
When you conduct a title search, I’d the owner notified that this has occurred? And if so are your details provided to the owner too?
Hello,
Anyone can access land titles as they are public registers. The information about property owners is limited to addresses and names, and I don’t believe the owner is notified or can view your details. But I suggest contacting the appropriate land or title registry in your state or territory, as I am not able to confirm this.
I am in a complex that was originally two dwellings. One of the dwellings had three garages and the other (mine) two garages, with brick divisions between the two. Over time the larger residence turned part of the dwelling into a small apartment. When this was done they turned my two garages into one each and the retained the three others. My question is can I lay claim to my second garage? if so how? Also am I still rated on the second garage if so how can I prove this?
Hi John,
I’m afraid this is quite a specific set of circumstances and while we can provide some answers to general questions, it is probably best to contact your local council or talk to a conveyancer for assistance in this instance.
Kind regards,
Rebecca
Can I trace the changes to a title where one person has always been part owner and others have inherited, sold and bought part ownership and does titles office information include prices paid
Hi Pamela,
Our Finder guidehas a list of sites and contains guidelines that could help you trace the property’s past sale history including its price. Feel free to browse through it for more details.
I hope this helps.
All the best,
Rebecca
Hi there,
If I buy a house which has Medium Density Zoning and want to construct 2 additional townhouses behind the existing house,then in this case,do I need to have 3 seperate titles in order to sell them individually?Also how much is the cost of creating 3 different titles.
Cheers
Gary
Hi Gary,
We don’t have the information to help you here, as this is quite a specialized question. You could reach out to your local council or talk to a conveyancer.
I hope this helps.
Kind regards,
Richard
i lost my title , how do i get a new one made up
how do i fnd out who has my title
Hi Martin,
If you want a copy of your property title you can conduct a title search. There should be a website for your state or territory (in VIC it is called landata.vic.goc.au and in NSW it is called the NSW Land Registry Services).
I hope this helps.
Regards,
Richard