What Are Dealing Instruments?
In Queensland property law, a dealing instrument is any document that has been registered against a land title to create, transfer, or affect an interest in that land. These instruments are the building blocks of the Torrens title system and provide a complete record of every transaction and encumbrance affecting a property.
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Use the article as a reference, then order the actual record below when you need evidence for a purchase, conveyancing file, council check or due-diligence review.
Current Title / State Lease
Start here to confirm the current registered owner, title reference and registered interests.
$74.50 · Order this document
Image of Dealing Instrument
Use this when you need the registered dealing/instrument behind an easement, covenant, lease or caveat.
$91.80 · Order this document
Not sure which document fits? Start with the current title search, then add the plan or instrument if the title points to one.
When you order a current title search and see entries listed under "Registered Dealings" or "Encumbrances," each of those entries corresponds to a dealing instrument that you can obtain and review. An Image of Dealing Instrument costs $91.80 AUD through TitleFinder and provides the full text of the registered document.
Types of Dealing Instruments
Transfers
A transfer is the most common dealing instrument. It records the change of ownership from one party to another. The transfer document shows the names of the transferor (seller) and transferee (buyer), the consideration (purchase price), and the date of registration. Historical transfers reveal the chain of ownership over time, which can be useful for understanding how a property has changed hands and at what prices.
Mortgages
A registered mortgage gives a lender (usually a bank) a security interest over the property. The mortgage instrument details the terms under which the lender can exercise their power of sale if the borrower defaults. When buying a property, the existing mortgage should be discharged at settlement. If it appears on a current title search, it indicates an outstanding loan secured against the property.
Easements
Easement instruments define the rights granted to a third party over part of the land. Common examples include drainage easements favouring the local council, electricity easements for powerline corridors, access easements granting right of way to neighbouring properties, and sewerage easements for underground infrastructure.
The easement instrument specifies exactly what rights are granted, to whom, and over which part of the land. This information is critical for developers, builders, and anyone planning improvements that might encroach on an easement corridor. Reviewing the easement instrument alongside the Survey Plan ($85.90 AUD) gives you a complete picture of the physical and legal constraints on the land.
Covenants
Restrictive covenants are conditions placed on the use of land that bind current and future owners. They are commonly found in newer residential estates and may restrict building materials and colours, minimum house size or setbacks, the number of dwellings permitted, use of the land for commercial purposes, and fencing height and style.
Covenant instruments are registered as dealings on the title. Before purchasing land in a new estate or planning a development, always obtain the covenant instrument to understand the restrictions that apply.
Caveats
A caveat is a statutory notice lodged by someone claiming an interest in the property. It prevents the registered owner from dealing with the land (selling, mortgaging, or transferring) until the caveat is withdrawn or removed by court order. Common reasons for lodging a caveat include unpaid purchase deposits, disputed ownership, equitable interests from informal agreements, and family law proceedings.
A caveat on a title is a significant red flag for buyers. If you see one on a title search, investigate thoroughly before proceeding.
Leases
Registered leases — typically for terms exceeding three years — appear as dealings on the title. The lease instrument details the tenant, the lease term, rent, and conditions. This is relevant for investment property buyers who are purchasing a tenanted property, as the lease may survive the change of ownership.
How to Read a Dealing Instrument
Each dealing instrument follows a standard format that includes a dealing number, the type of dealing such as transfer or mortgage or easement, the parties involved, a description of the land affected, the terms and conditions, and the date of lodgement and registration.
When reviewing a dealing instrument, pay close attention to the conditions and obligations it imposes. For easements, check the width, location, and purpose. For covenants, review every restriction carefully. For mortgages, confirm they will be discharged at settlement.
Historical Dealings and Title History
A Historical Title Search ($86.50 AUD) shows all dealings that have been registered and removed over the life of the title. This is invaluable for understanding the complete history of the property, including previous owners, past mortgages, expired caveats, and cancelled easements.
For titles predating the digital era (before 1994 in Queensland), you can obtain an Image of Certificate of Title ($76.90 AUD) to view the original paper record with all its historical annotations.
When You Need Dealing Instruments
You should order dealing instruments during pre-purchase due diligence to understand encumbrances, when planning a development to check for restrictive covenants and easements, during property disputes to review the exact terms of registered interests, for conveyancing to prepare accurate contract disclosures, and when refinancing to understand existing encumbrances the new lender will need to accept.
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TitleFinder provides instant access to Queensland dealing instruments and title documents. With straightforward pricing and fast delivery, you can complete your due diligence efficiently. Visit titlefinder.com.au to order your documents.