Quick Answer
To read a title search in WA, review the property description, verify the title type (green title, survey-strata), check the encumbrances section for caveats, easements, and restrictive covenants, and look for mining interests if the property is rural or regional. A Current Title / State Lease search costs $74.50 AUD through TitleFinder.
The Anatomy of a WA Title Search
When you order a title search from official property records, the document contains three main sections: the property description, the registered proprietor, and the encumbrances. For commercial buyers and conveyancers, the encumbrances section requires the most scrutiny. It lists every registered interest that affects the property, from easements for utilities to caveats claiming a financial stake in the land. Knowing how to read title search WA documents means knowing exactly where to look for these risks.
Green Title vs Survey-Strata vs Survey
In WA, a "green title" typically refers to a standard freehold lot without shared areas or common property. This is the simplest title to review for commercial property checks property title Western Australia, as you only need to assess the lot itself.
A survey-strata title allows for common property, similar to a strata scheme, but often without a full building structure. When reading a survey-strata title, check the survey-strata plan for common property boundaries and any easements over common areas.
If the property is a survey (without strata), check the deposited plan for lot dimensions and any easement notations within the plan itself.
Checking Title Encumbrances WA
The encumbrances section reveals third-party rights over the commercial property. Look for:
- Easements: Rights for others to use the land, such as drainage or right of carriageway.
- Restrictive covenants: Rules limiting land use, which are common in commercial subdivisions restricting specific trade types.
- Mortgages: Registered financial encumbrances indicating debt against the property.
- Profits à prendre: Rights to take soil, gravel, or produce from the land.
Each encumbrance lists a dealing number. Order the specific dealing document through TitleFinder to read the full terms of the restriction.
Mining Interests on Rural and Regional Titles
WA titles can carry mining interests. Under WA law, the Crown reserves rights to minerals, and past mining leases can appear on the title. For rural titles, review the notations at the bottom of the title search. Look for "Mining Act" reservations or specific mining leases. These rights can allow third parties to access the land for exploration or extraction, severely impacting commercial operations. If you see a mining interest notation, order the corresponding instrument to understand the exact access rights.
Caveats on Commercial Property
A caveat is a statutory injunction preventing the registration of further dealings unless the caveat is addressed. In commercial transactions, caveats often appear from financiers, joint venture partners, or contractors claiming unpaid debts.
When you see a caveat in the title encumbrances WA section, note the caveat number and order the caveat document. This document identifies the caveator and explains the interest they claim. A property cannot transfer cleanly with an unresolved caveat.
When to Order Further Documents
A title search shows what is registered, but not always the full story. Order these supporting documents through TitleFinder when needed:
- Deposited/Survey-Strata Plan: To check lot boundaries, common property, and easement locations.
- Dealings/Instruments: To read the exact terms of an easement, covenant, or caveat.
- State Lease: If the property is a state lease rather than freehold, the lease document sets out use restrictions and the lease term. A Current Title / State Lease search costs $74.50 AUD.
Commercial Title Check Checklist
- Confirm the title type (green title, survey-strata, or state lease).
- Verify lot and plan numbers match the contract of sale.
- Identify all easements and assess their impact on commercial use.
- Check for restrictive covenants that limit business operations or building modifications.
- Review the title for mining interests or Crown reservations.
- Identify any caveats and order the caveat documents to understand the claims.
- Order the survey-strata or deposited plan to verify boundaries and physical access.
- Ensure no conflicting mortgages or unregistered dealings exist.
Quick Comparison: Common WA Title Types
| Title Type | What to Check | Common Commercial Use |
|---|---|---|
| Green title | Encumbrances, easements, covenants | Freestanding commercial lots, warehouses |
| Survey-strata | Common property, scheme by-laws, easements | Commercial units with shared driveways or areas |
| State Lease | Lease terms, use restrictions, rent reviews | Long-term regional or rural commercial leases |
Frequently Asked Questions
What is the difference between a green title and a survey-strata title in WA?
A green title is a traditional freehold lot with no common property. A survey-strata title divides land into lots and common property under a survey-strata plan, requiring checks for shared area responsibilities and scheme by-laws.
Can mining interests affect a commercial property in WA?
Yes. Even on commercial or rural titles, the state reserves rights to minerals. Check the title for notations under the Mining Act or specific mining leases, as these can grant access rights to third parties for exploration or extraction.
How do I remove a caveat from a WA property title?
To remove a caveat, the caveator must withdraw it, or the registered proprietor can serve a notice requiring them to commence court proceedings to substantiate their claim. Always read the caveat document first to understand the nature of the claim before taking action.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- WA Title Search — $79.90
- WA Survey Search — $85.90
- WA Document Search — $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.
