Quick Answer
A Current Title Search from official property records lists the registered owner, legal description, and any encumbrances such as caveats, easements, and mortgages. Caveats appear as a notification or encumbrance entry that freezes dealings until the claim is resolved. You can order a Current Title / State Lease search through TitleFinder for $74.50 AUD.
What Appears on a NSW Current Title Search
When you order a Current Title / State Lease search through TitleFinder, you receive a snapshot of the official property records for that parcel. The document is divided into three sections:
- Property Details: The street address, lot and plan number, and land title type (e.g., Torrens, Strata, or Old System).
- Ownership: The full name of the registered proprietor(s) and the date they acquired the title.
- Encumbrances: A list of registered interests that burden the land, including mortgages, easements, and caveats.
How to Identify Caveats
Caveats are warnings that someone claims an equitable interest in the land. On the search, they appear under the encumbrances section with a dealing number and a brief description such as "Caveat – [Claimant Name]".
A caveat prevents the registration of further dealings (like a transfer of sale) until the caveator consents or the court orders removal. If you see a caveat, request a copy of the dealing or instrument to understand the claim’s nature and whether it can be lifted before settlement.
Other Encumbrances to Check
Beyond caveats, verify these common encumbrances:
- Mortgages: Should be discharged before settlement. If the seller has not settled their loan, the mortgage remains.
- Easements: Rights for utilities or neighbours to use part of the land (e.g., drainage, access). Check the deposited plan to see physical location.
- Covenants: Restrictions on building materials or land use. Common in newer estates.
- Leases: Registered tenancies that survive settlement.
NSW-Specific Risks
Strata Apartments
Strata titles list the unit entitlements and common property. The Current Title Search shows the strata plan number and any management statements, but it does not include by-laws. Order a Strata Plan and community management statement for rules on renovations, pets, and parking.
Torrens Title Homes
Most residential homes are Torrens title. Check whether the title is "limited" (a conversion from Old System with incomplete survey) or standard. Limited titles may carry boundary uncertainties requiring a survey.
Old System Land
Pre-1863 grants not yet converted to Torrens title require a "chain of title" search. These parcels may lack guaranteed boundaries and need a full historical search back to the original grant to prove ownership.
Easements in NSW
Look for easements benefiting Sydney Water, electricity providers, or neighbouring properties. Cross-reference the dealing number with a Deposited Plan (DP) to determine if the easement crosses your proposed building envelope.
Encumbrance Comparison
| Encumbrance | What It Restricts | Action Required |
|---|---|---|
| Caveat | Any transfer or charge until claim resolved | Verify claim; obtain release or court order |
| Easement | Building over specific corridors (drainage, access) | Check DP for location; adjust design if needed |
| Covenant | Building style, height, or land use | Review terms; seek variation if non-compliant |
| Mortgage | Unencumbered title transfer | Ensure discharge is registered pre-settlement |
Practical Checklist for Buyers
- Match the lot/plan on the title search to the contract of sale.
- Confirm the registered proprietor matches the seller’s name exactly.
- Scan encumbrances for caveats; note the dealing number and request details.
- Identify all easements and order the Deposited Plan to view locations.
- Check for covenants that limit renovation plans.
- For strata: verify unit entitlement and order the by-laws separately.
- For Old System land: commission a historical search to verify the chain of title.
- Ensure mortgages are marked for discharge prior to settlement.
FAQs
How long is a NSW title search valid?
Official records update daily. While a search shows the title at the moment of issue, most practitioners consider it current for 30 days. Order a fresh search if settlement is delayed.
Can a caveat stop a property sale?
Yes. A caveat freezes registration of the transfer. The seller must either settle the claim or apply to the Supreme Court for removal, which delays settlement.
What is the difference between a caveat and an easement?
A caveat protects a claimant’s unregistered interest (e.g., a purchaser who paid a deposit but is not yet registered). An easement grants a practical right to use the land (e.g., a driveway). Caveats block dealings; easements permit use.
When to Order Supporting Documents
A Current Title Search identifies what burdens the land, but not always the spatial extent or full terms. Order:
- Deposited Plan (DP) or Strata Plan: To see easement locations, boundaries, and unit entitlements.
- Dealing or Instrument: To read the exact wording of a caveat, covenant, or mortgage terms.
- Historical Search: For Old System land or to trace removed easements.
TitleFinder provides these documents alongside your Current Title / State Lease search for $74.50 AUD, delivered electronically.
This guide is for information only; consult a licensed 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.