Quick Answer
To read a title search in WA, verify the land description matches the contract, confirm the registered proprietor is the seller, and review the encumbrances for caveats, easements, or mining interests. For commercial property, always order the related deposited plan and any referenced instruments to see the exact boundary and restriction details.
Understanding the WA Title Search
When performing commercial property checks, property title Western Australia records are the primary source of truth. A title search tells you who owns the land, how it is defined, and what restrictions apply. Reading it correctly requires knowing which section answers which question, and when to order supplementary documents.
Core Components of the Title
The official property records divide the title into three main sections:
- Land Description: Identifies the lot number, plan number, and diagram volume. This tells you the exact dimensions and location of the property.
- Registered Proprietor: Lists the current owner. For commercial property, this is often a company or trust. Ensure the entity name matches the seller on the contract exactly.
- Encumbrances: Lists all third-party interests, including mortgages, caveats, easements, and restrictive covenants. This section dictates what the owner cannot do or what others can do on the land.
WA Title Types: What to Check
Western Australia has specific land tenure types that affect commercial property risk. Knowing how to read title search WA documents starts with identifying the title type, as this dictates what additional plans you must order.
| Title Type | What It Means | Commercial Risk |
|---|---|---|
| Green Title | Standard freehold. No common property shared with other lots. | Boundaries are strictly defined. Easements for services are still common and must be checked. |
| Survey-Strata | Subdivided lots with surveyed boundaries. May include common property like driveways. | Check for common property and strata company by-laws, even if it looks like a standard green title. |
| Strata Title | Building units with common property (lobbies, car parks). Governed by by-laws. | By-laws heavily restrict commercial use, signage, and operating hours. Always order the strata plan. |
Commercial Property Checks Checklist
Use this checklist when reviewing the official property records for a commercial transaction:
- Confirm the lot and plan numbers in the land description match the sale contract.
- Verify the registered proprietor matches the selling entity, including correct company suffixes or trustee names.
- Identify every entry in the encumbrances section. Do not skip seemingly minor items.
- Check for specific WA risks: mining interests, crown land reservations, or water corporation easements.
- Order the deposited plan or strata plan to visually confirm boundaries and easement locations.
- Order the instrument for any restrictive covenant or easement to read the exact terms and conditions.
Decoding Title Encumbrances WA
For commercial buyers, the encumbrances section holds the highest risk. Here is what to look for:
Caveats
A caveat is a statutory warning that someone else claims an interest in the property. A caveat blocks certain transactions until the claim is resolved or withdrawn. In commercial deals, a caveat might be lodged by a contractor owed money or a former business partner. You must order the caveat document to see the exact nature of the claim.
Mining Interests
Title encumbrances WA often contain mining reservations. The Crown generally retains rights to all minerals in Western Australia, but specific titles may show active mining leases or exploration licenses over the land. Check the title for "Mining Act" references. If present, order the instrument to understand how it affects surface land use.
Easements
An easement grants another party the right to use part of your land for a specific purpose, such as drainage, access, or power lines. For commercial property, right-of-way easements are common for shared loading docks or driveways. The title will list the easement, but you must order the plan and the instrument to see its physical location and operational rules.
Restrictive Covenants
Restrictive covenants limit how the land can be used. In commercial zones, these might restrict building height, specify permitted retail uses, or ban certain operations. A title might simply list "Restrictive Covenant", but the actual rules are hidden in the associated instrument document.
Rural Titles: Additional Risks
When buying rural commercial property in WA, extra risks apply. Rural titles often feature broad acreage with unmapped or poorly documented access tracks. Check for easements in gross, which grant rights to entities like water corporations without requiring a dominant tenement. Rural properties are also more likely to have stock route reserves or native title notifications over them. Always order the plan to verify fences align with title boundaries and that legal access to the main road exists via a carriageway easement.
When to Order Additional Documents
A title search is the starting point, but it rarely tells the whole story. The title only references other documents by number. You must order the plan, dealing, or instrument to read the actual details.
Order the deposited plan or strata plan to see boundary dimensions, lot positioning, and the physical layout of easements. Order the instrument for any encumbrance to read the full legal text of covenants, easement conditions, or caveat claims.
Through TitleFinder, you can order a Current Title / State Lease search for $74.50 AUD. This provides the current title details, including all active encumbrances and references to the plans and instruments you need to request next.
Frequently Asked Questions
What is a mining interest on a WA title?
A mining interest indicates the Crown or a third party holds rights to explore or extract minerals on the property. While the Crown reserves mineral rights broadly across WA, specific entries on a title mean an active mining lease or reservation applies to that exact lot, which could affect surface use and development.
Does a green title mean the property has no
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
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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.
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.