Quick Answer
A TAS title search for refinancing confirms your registered ownership, lists every encumbrance on the title (mortgages, covenants, easements, caveats), and flags restrictions that affect your lender's security. The critical sections to check are the property description, registered proprietor, encumbrances schedule, and any notations covering rights of way, heritage restrictions, rural boundary issues, or strata scheme rules. You can order a current title search through TitleFinder for $129.00 AUD.
What Is in a TAS Title Search
A standard title search for a Tasmanian property pulls together several elements from official property records:
- Folio identifier — the volume and folio number that uniquely identifies the title.
- Property description — lot, plan, and municipality details that define the parcel.
- Registered proprietor — the current owner(s) and their interest share.
- Encumbrances — every registered mortgage, covenant, easement, caveat, or profit à prendre.
- Notations — annotations such as heritage listings, road widening, or strata scheme references.
- Plan reference — the deposited or strata plan number linked to the folio.
When refinancing, your new lender wants confirmation that the title is clean enough to secure their mortgage. That means checking each of these elements carefully.
How to Read Each Section: Refinance Checklist
Work through these items in order. Note anything unusual for your conveyancer or solicitor — this is not legal advice, just a practical reading framework.
1. Confirm the Folio and Property Description
Match the volume/folio reference against your loan documents. Verify the lot number, plan number, and municipality match the property you are refinancing. A mismatch here can delay settlement.
2. Verify the Registered Proprietor
Check that the names and tenancy type (joint tenants, tenants in common, sole owner) on the title match your loan application. If there has been a recent transfer that is not yet registered, raise this with your conveyancer immediately.
3. Review the Encumbrances Schedule
This is the section most lenders focus on. Each encumbrance is listed with a registration number and type. Common entries include:
- Mortgages — the current lender's mortgage will appear here. Your refinancing will discharge it and register a new one.
- Covenants — restrictive covenants may limit building materials, subdivision, or land use. Lenders check whether covenants reduce the property's value or saleability.
- Easements — drainage, sewer, or access easements may affect where you can build or how the land is used.
- Caveats — a caveat blocks further dealings until resolved. Any active caveat will stall your refinance.
4. Check Notations for TAS-Specific Risks
Tasmanian titles often carry notations that deserve extra scrutiny during refinancing:
- Rights of way — common in older Hobart suburbs and rural Tasmanian titles. A right of way over your land may restrict fencing, landscaping, or building near the easement corridor. Check whether the right of way is still active or has been released.
- Heritage restrictions — a heritage notation means local or state heritage controls apply. This can limit alterations, increase maintenance costs, and slow future development. Lenders factor this into valuations.
- Rural boundary issues — rural Tasmanian parcels sometimes carry old plan references where boundaries were defined by natural features (creek lines, fence lines) rather than surveyed pegs. If the title references an unsurveyed boundary, consider ordering the plan of subdivision to confirm dimensions.
- Strata scheme references — for units and townhouses, a strata notation links the title to a body corporate. You need to order the strata plan and check by-laws, outstanding levies, and insurance requirements before your lender will approve the refinance.
- Historic title issues — some TAS folios have long chains of dealings. An old profit à prendre, a mining right, or an unreleased mortgage from decades ago can surface during a refinance. Read the full encumbrance list, not just the first few entries.
Encumbrance Types and Refinance Impact
| Encumbrance Type | Refinance Impact | Action |
|---|---|---|
| Registered mortgage | Must be discharged at settlement | Confirm discharge process with current lender |
| Restrictive covenant | May lower valuation or limit development | Check covenant terms; order dealing if vague |
| Easement (drainage/sewer) | Typically accepted by lenders | Verify easement location against building envelopes |
| Right of way | Can restrict land use near easement | Order plan to check width and alignment |
| Caveat | Blocks registration of new mortgage | Must be withdrawn or lapsed before refinance |
| Heritage notation | May affect valuation and alterations | Obtain heritage code details from local council |
When to Order Additional Documents
The title search alone will not answer every question. Order supporting documents when:
- The encumbrance description is vague. If a covenant or easement is referenced by dealing number only, order that dealing/instrument to read the full terms.
- A strata scheme applies. Order the strata plan and by-laws to check for special levies, pet restrictions, or parking allocations.
- Rural boundaries are unclear. Order the deposited plan to confirm lot dimensions and any aboriginal land offsets or natural boundary references.
- Heritage notations appear. Order any listed instrument and request the local council's heritage overlay details to understand the scope of restrictions.
Frequently Asked Questions
How do I find title encumbrances TAS on my property?
Order a current title search through TitleFinder for $129.00 AUD. The search results list every registered encumbrance on the folio, including mortgages, covenants, easements, caveats, and rights of way.
What is the difference between an easement and a right of way on a TAS title?
An easement is a registered right for someone else to use part of your land for a specific purpose — commonly drainage or sewerage. A right of way is a specific type of easement that grants passage across your land. Both appear in the encumbrances schedule and both can affect refinance valuations.
Can a heritage notation stop my refinance?
A heritage notation will not stop a refinance outright, but it can affect the lender's valuation and their willingness to accept the property as security. Lenders assess whether heritage restrictions reduce the property's marketability. Check the notation details early so your conveyancer can brief the valuer.
Order Your TAS Title Search
When you are preparing for a refinance, start with a current title search so you know exactly what is on the folio. Order through TitleFinder — a Current Title / State Lease search for a Tasmanian property costs $129.00 AUD and is delivered electronically from official property records. If the encumbrances schedule raises questions, follow up with the relevant plan or dealing to get the full picture before settlement.
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.
