Quick Answer
When you read a title search in WA, verify the land description, identify the registered proprietor, and review all title encumbrances. For commercial property, check for survey-strata by-laws, mining reservations, and active caveats that restrict development or use.
Understanding the WA Title Register
Official property records in Western Australia detail the legal ownership and restrictions on a parcel of land. Knowing how to read title search WA documents is a core skill for buyers, conveyancers, and developers. A Current Title search provides the register snapshot, but commercial transactions often require ordering additional documents to understand the full picture.
Key Sections of a WA Commercial Title Search
Land Description: Green Title vs Survey-Strata
The land description identifies the lot and plan number. In WA, you will typically encounter a green title or a survey-strata title. A green title indicates standard freehold land with no common property. A survey-strata title divides land into survey-strata lots, which may share common areas like driveways or service infrastructure. For commercial property checks property title Western Australia, you must order the survey-strata plan to see shared boundary responsibilities.
Registered Proprietor and Tenancy
This section lists the current legal owner. For commercial assets, the proprietor is often a company or trust. Verify the exact entity name and the tenancy type (e.g., joint tenants or tenants in common) to ensure your contract matches the register.
Title Encumbrances WA
The encumbrances section lists registered interests affecting the land. Common encumbrances include easements (like rights of way for services), restrictive covenants (building height or use limits), and mortgages. When reviewing title encumbrances WA, note the dealing number for each entry. You must order the relevant instrument or plan to read the exact terms of the easement or covenant.
Local Risk Notes for Commercial Property
Mining Interests and Reservations
WA titles frequently include Crown reservations for mining. Look for entries stating minerals are reserved to the Crown, or specific Section 27A or 70A notifications. These mining interests allow prospecting or mining activities on the land under certain conditions. If your commercial property sits on or near mineral-rich land, these reservations can impact future development.
Caveats and Unregistered Dealings
A caveat acts as a warning that someone else claims an interest in the property. Caveats are common in commercial transactions where a vendor has provided finance or a third party holds a charge over the business assets. You must order the underlying caveat document to understand the claim. Unregistered dealings listed on the title also require further investigation.
Rural Titles and Access
If your commercial property is rural or peri-urban, check for specific easements regarding water rights, stock routes, and road access. Rural titles in WA often rely on implied easements or historical access tracks that are not formally registered, which requires a careful review of the deposited plan and a physical site inspection.
Commercial Property Title Checklist
- Verify Land Description: Confirm the lot and plan number matches the contract. Order the deposited plan if boundaries are unclear.
- Check Proprietor Details: Ensure the selling entity matches the registered proprietor exactly.
- Review Encumbrances: List all easements, covenants, and mortgages. Order the dealing instruments to read their conditions.
- Identify Mining Interests: Check for Crown mineral reservations or specific mining act notifications.
- Assess Caveats: Investigate any caveats to determine if they will be withdrawn at settlement.
- Examine Strata By-laws: For survey-strata, order the by-laws to check parking, signage, and commercial use restrictions.
Comparison: WA Title Types
| Feature | Green Title | Survey-Strata | Strata (CPS) |
|---|---|---|---|
| Common Property | None | May have shared driveways or services | Shared building areas, managed by a strata company |
| Boundaries | Defined by survey pegs | Defined by survey-strata plan | Defined by built structure boundaries |
| By-laws | None | Standard or custom by-laws apply | Custom by-laws apply |
| Document to Order | Certificate of Title | Survey-Strata Plan | Strata Plan and By-laws |
Ordering Additional Documents
A title search only shows what is currently registered. When you identify an encumbrance, caveat, or specific plan reference, you need to order the underlying instrument. For example, an easement listed on the title will show a dealing number. Ordering that dealing reveals the exact rights and obligations of the easement. TitleFinder allows you to order the Current Title / State Lease search for $74.50 AUD, plus any additional instruments or plans you need for your due diligence.
Frequently Asked Questions
What is the difference between an encumbrance and a caveat?
An encumbrance is a registered interest like a mortgage, easement, or covenant that is formally recorded against the property. A caveat is a statutory notice lodged by a third party claiming an unregistered interest, serving as a warning to prospective buyers.
How do mining reservations affect commercial property?
Mining reservations on a WA title mean the Crown retains rights to minerals found on the land. This can allow mining companies or prospectors to access the land under specific conditions, potentially disrupting commercial operations or restricting development in those areas.
When should I order a plan or instrument with my title search?
Always order the deposited plan or survey-strata plan to confirm boundaries. Order instruments for any easement, covenant, or caveat listed on the title. If you are purchasing a strata or survey-strata property, order the by-laws to understand operational restrictions.
Order Your WA Title Search
Understanding how to read a WA title search helps you avoid hidden risks in commercial transactions. Use TitleFinder to order your official property records. A Current Title / State Lease search is $74.50 AUD. Order today to get the documents you need for your property due diligence.
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.
