Quick Answer
A Western Australia property title search shows the current owner, legal description, and any encumbrances. Covenants appear under the encumbrances section as registered dealings; you must order the specific dealing document to read the exact restrictions placed on the land.
Reading Your WA Title Search
When you order a Current Title or State Lease search through TitleFinder for $74.50 AUD, you receive the official property records for that WA lot. Knowing how to read title search WA documents is a fundamental step in property due diligence. The title confirms ownership, but the encumbrances section dictates what you can and cannot do with the land. Any restrictions listed here bind the current and all future owners.
Understanding Covenants on a WA Property Title
Covenants are legally binding rules attached to the land. They fall into two categories:
- Restrictive covenants: Limit what you can do. Common examples include restrictions on building materials, height limits, or prohibitions on subdividing the land.
- Positive covenants: Require you to perform an action, such as maintaining a shared driveway or fence.
On a WA title, covenants property title Western Australia entries appear under the "Encumbrances" or "Interests" section. The title document will not print the full text of the rule. It only shows a short description and a registered dealing number (for example, "Restrictive Covenant - A123456"). To understand the exact restrictions, you must order that specific dealing or instrument.
Title Encumbrances WA: What Else to Look For
Covenants are just one type of encumbrance. When reading the title, check for these common title encumbrances WA buyers encounter:
- Easements: Give others the right to use part of your land for a specific purpose, such as drainage, sewerage, or right of carriageway for a neighbour.
- Mortgages: Indicates the bank still holds an interest. The seller must discharge this at settlement.
- Caveats: A formal notice that someone else claims an interest in the property. A caveat prevents the owner from dealing with the land without the caveator's consent.
Local WA Risks: Green Title, Survey-Strata, and Rural Land
WA titles carry specific local risks depending on the lot type:
Green Title
A green title indicates standard freehold ownership with no common property. While you own the lot exclusively, green titles often carry restrictive covenants set by developers, particularly in newer estates. Check for building guidelines that may dictate facade colours or building envelopes.
Survey-Strata Title
Survey-strata properties have individually owned lots plus common property. The title encumbrances will show easements for common property support, but the specific building rules are usually found in the strata by-laws rather than on the title itself. You must order the survey-strata plan to understand lot boundaries and common property areas.
Rural Titles and Mining Interests
WA rural titles carry unique risks. Western Australian law allows mining and exploration leases to co-exist with freehold land. The title search will list any registered mining interests. If you are buying rural land, carefully check for these entries, as a mining company may hold legal rights to access and excavate parts of the property.
Green Title vs Survey-Strata Comparison
| Feature | Green Title | Survey-Strata Title |
|---|---|---|
| Ownership type | Exclusive freehold lot | Lot within a strata scheme |
| Common restrictions | Developer building covenants | Strata by-laws and common property rules |
| Easements | Shown under Encumbrances | Shown on title and strata plan |
| Plan to order | Deposited Plan | Survey-Strata Plan |
Buyer's Title Reading Checklist
- Confirm the registered proprietor matches the seller on the contract.
- Read the Encumbrances section. Note every dealing number for covenants, easements, and caveats.
- Identify if the title is Green Title or Survey-Strata.
- Order the relevant plan (Deposited or Survey-Strata) to check lot boundaries and common property.
- For rural properties, specifically scan for mining interest notifications.
- Order the specific instrument or dealing documents for any covenants or caveats to read the actual terms.
When to Order Additional Documents
The title search is a summary. If the title lists a covenant or easement, it only provides a reference number. You must order the related plan, dealing, or instrument to read the full legal text. For example, if the title shows "Easement for Sewerage - M123456", order instrument M123456 to see exactly where the sewer main runs under the property. Do not assume an easement sits along the boundary; the instrument will show the precise coordinates.
Frequently Asked Questions
Can I remove a covenant from a WA title?
Removing a covenant usually requires an application to a court or tribunal, or the written consent of whoever benefits from the covenant. It is a legal process, not a simple administrative update. Consult a solicitor if a covenant affects your intended use.
Does a title search show unregistered agreements?
No. A title search only shows registered interests and official property records. Unregistered developer covenants or private agreements may appear in the contract of sale but not on the title. Always check sale documents alongside the title.
What does a State Lease search show?
If the property is Crown land, a State Lease search shows the lessee, the lease term, the rent payable, and any special conditions or restrictions on the use of the land.
Always consult a qualified conveyancer or solicitor to interpret how specific title entries affect your intended use of the property.
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.