Quick Answer
A property title search NSW reveals easements, restrictions, caveats and other interests registered against a property. For buyers in New South Wales, checking the current title and any referenced plans or instruments is a standard due-diligence step. You can order a Current Title / State Lease search through TitleFinder for $74.50 AUD to confirm what is registered before you exchange contracts.
Why Easement Checks Matter in NSW
Easements give someone else the right to use part of your land for a specific purpose—drainage, right of way, or services, for example. They run with the land, not the owner. If you buy a property with an easement you did not account for, you may face building restrictions, access issues or interrupted renovation plans.
A title search New South Wales will list easements on the current title, but the details are often in a separate plan or dealing. Reading the title alone is not always enough; you need to order the supporting documents to understand the full picture.
NSW Property Title Checklist for Buyers
Use this checklist when you receive your title search results.
1. Check the Easements Section on the Title
The current title lists registered easements under the "Easements" or "Interests" section. Each entry includes a reference number (such as a plan number or dealing number), the nature of the easement and the parties involved. Note every reference—you will need to order those documents separately if the detail matters to your purchase.
2. Order the Cited Plan or Dealing
Easements are usually created by a deposited plan or a registered dealing. The title tells you the number; the plan or dealing shows the location, dimensions and terms. If you are buying a Torrens title home with a drainage easement through the backyard, the plan will show exactly where the easement runs and whether it affects your intended renovation area.
Order the plan or dealing through TitleFinder when you order your title search, so both arrive in time for your review.
3. Look for Restrictive Covenants and Profit à Prendre
Restrictive covenants limit what you can build or do on the land. Profit à prendre allows someone to take produce or minerals from your land. Both appear in the interests section of the title. If you see a reference, order the dealing to read the conditions in full.
4. Check for Caveats
A caveat is a warning that someone claims an interest in the property. Caveats can block registration of dealings. If a caveat appears on the title, find out who lodged it and why. You may need to request its removal or negotiate before settlement. Caveats are common in deceased estates, family law disputes or where a builder claims unpaid work.
5. Review Section 88B Instruments
When a deposited plan creates easements or restrictions, a Section 88B instrument sets out the terms. If your title references a deposited plan with easements, check whether a Section 88B instrument is registered. This document explains maintenance obligations, building restrictions and rights of parties.
Local Risk Notes by Property Type
| Property Type | Key Title Risks | Documents to Order |
|---|---|---|
| Torrens title home | Easements for drainage, right of way; restrictive covenants on building materials or height | Current title; deposited plan; Section 88B instrument if referenced |
| Strata apartment | By-laws restricting alterations; easements for services through common property; strata plan errors | Current title; strata plan; by-laws register |
| Old system land | Unregistered interests; incomplete chain of title; equitable easements not on the title | Current title; prior title searches; any cited dealings or conveyances |
| Rural or semi-rural | Right of way easements; water access licences; mining or quarry profits | Current title; deposited plan; relevant dealings |
When to Order Additional Searches
A property due diligence NSW process does not stop at the title. Consider these additional orders depending on what you find:
- Deposited plan: Order when the title shows easements or restrictions created by plan.
- Dealings (registered instruments): Order when the title lists a dealing number you need to read in full—easement agreements, caveats or mortgages.
- Section 88B instrument: Order when the deposited plan includes easements or restrictions.
- Strata plan: Order when buying a strata or community title property to see lot boundaries, common property and by-law references.
- Prior title search: Order when dealing with old system land to verify the chain of ownership.
Common Easement Types on NSW Titles
- Right of way: Allows a neighbour or authority to cross part of the land for access.
- Drainage / sewerage: Gives a water authority or council the right to run pipes through the land. May restrict building over the easement.
- Electricity / services: Allows utility providers to install and maintain cables or pipes.
- Support: Ensures a neighbouring structure has the right to rely on the land for support.
- Party wall: Governs shared walls between semi-detached or terrace housing.
Frequently Asked Questions
Can I build over an easement on a NSW property?
It depends on the terms of the easement and who benefits from it. Drainage easements often prohibit structures that would block access to pipes. You may need consent from the benefiting authority. Read the Section 88B instrument or the registered dealing to confirm what is allowed. If in doubt, consult a solicitor before committing to the purchase.
What is the difference between an easement and a covenant on a NSW title?
An easement grants a right to use part of the land for a specific purpose. A restrictive covenant limits what the landowner can do—such as building only single-storey dwellings. Both appear in the interests section of the title, but they serve different purposes. Easements are about access or use; covenants are about restrictions on use.
Do all easements show up on a property title search in NSW?
Registered easements appear on the current title. However, some easements exist through long use (prescription) or necessity and may not be registered yet. Old system land is particularly at risk for unregistered interests. This is why property due diligence NSW may include checking historical titles and plans for properties not yet under Torrens title.
This article is for general information only and does not constitute legal advice. Always consult a qualified conveyancer or solicitor for advice specific to your transaction.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- NSW Title Search — $69.90
- NSW Imaged Deposited Plan — $85.90
- NSW Imaged Documents — $91.80
If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.
Need the title search? Use the TitleFinder product links above to order the current title, plan, instrument or state-specific property record you actually need.
