Quick Answer
A WA title search shows you the registered proprietor, lot and plan details, and every encumbrance recorded against the land. For off-the-plan purchases, pay close attention to caveats, mining interests, and whether the title is green title, survey-strata, or strata — each carries different risks. A current title search through TitleFinder costs $74.50 AUD and is the starting point for every pre-purchase check.
What You Will Find on a WA Title Search
When you order a title search, the document returned from official property records contains several distinct sections. Here is what each one tells you and what to look for:
1. Land Description
This section identifies the lot number, plan number, and certificate type. It confirms whether you are looking at a green title (independent freehold), survey-strata, or strata title. The land description also names the local government area and any deposited plan or strata plan reference.
What to check: Does the lot and plan match the contract of sale? If the description references a strata plan, you will need to order the strata plan and by-laws separately to understand shared obligations and common property boundaries.
2. Registered Proprietor
This lists the current owner or owners and their interest (e.g., sole proprietor, tenants in common). For off-the-plan purchases, the proprietor is often the developer.
What to check: Does the registered proprietor match the vendor on the contract? If the developer is a company, confirm its status on the corporate register — a company in administration or liquidation is a major red flag before any off-the-plan settlement.
3. Encumbrances, Easements, and Restrictions
This is where most off-the-plan warnings hide. Each encumbrance is listed with a registration number and a brief description. Common entries include:
- Easements — rights for utilities, drainage, or neighbouring properties to use part of the land
- Restrictive covenants — limits on building materials, dwelling size, or land use
- Profit à prendre — rights to take produce or minerals from the land
- Section 70A notifications — planning scheme restrictions that bind the land
What to check: Read every listed encumbrance. For off-the-plan purchases, restrictive covenants are common and may dictate what you can build or alter later. If an entry is vague, order the full instrument by its registration number — this is the only way to see the complete terms.
4. Mining Interests
In WA, mining tenements can exist over private land independently of the surface title. A mining lease, prospecting licence, or exploration permit registered against the land can give third parties access rights.
What to check: Look for any reference to mining tenements in the encumbrances section or as a separate notation. If a mining interest appears, order the mining tenure document to understand surface access rights. This is especially relevant for rural titles where resource extraction is common.
5. Caveats
A caveat is a statutory warning that someone claims an interest in the land. Caveats can be lodged by financiers, equitable interest holders, or parties involved in disputes.
What to check: Identify who lodged each caveat and on what grounds. A developer's financier may have a caveat securing a construction loan — standard for off-the-plan projects, but verify it will be discharged at settlement. Multiple caveats from unrelated parties may signal ownership disputes.
6. Orders and Warnings
Court orders, heritage listings, or contaminated site notices may appear here. These are less common but carry significant implications.
What to check: Any order for sale or court directive affects transferability. A heritage order restricts alterations. If present, order the underlying instrument to understand your obligations.
Title Types Compared: What Off-the-Plan Buyers Must Know
| Feature | Green Title | Survey-Strata | Strata Title |
|---|---|---|---|
| Land ownership | Full freehold lot, no common property | Freehold lot with defined boundaries; may include common property | Cubic space (lot) plus common property share |
| Typical encumbrance risk | Easements, covenants, mining interests | Easements, covenants, mining interests, common property rules | By-laws, strata levies, common property easements |
| Off-the-plan risk | Lower — boundary is fixed | Medium — boundaries may change before plan registration | Higher — by-laws and common property undefined until registration |
| Additional documents to order | Survey plan if boundaries are unclear | Survey-strata plan | Strata plan and by-laws |
Off-the-Plan Specific Warnings
Off-the-plan purchases in WA carry title risks that settled properties do not:
- Unregistered plans: The title may reference a deposited plan or strata plan that has not yet been registered. Until registration, the final lot dimensions and common property boundaries can change.
- Developer caveats: Financier caveats over the developer's title are normal but must be discharged at settlement. Confirm this condition is in your contract.
- Sunset dates: If registration is not completed before the sunset date, the contract may be voidable. Check the title for any encumbrances that could delay plan registration.
- Restrictive covenants for new estates: Developers often register design covenants controlling façade materials, fencing, and landscaping. These run with the land and bind future owners.
Rural Title Considerations
Rural titles in WA are more likely to carry mining interests, water rights encumbrances, and unsealed road access notations. They may also include older survey descriptions that predate modern survey-strata standards.
What to check: Order the survey plan alongside the title search. Cross-reference any mining tenement against the official mining register. Confirm legal access — some rural titles rely on right-of-way easements over neighbouring land rather than a dedicated road.
Pre-Purchase Title Reading Checklist
- Confirm the lot, plan, and certificate type match the contract of sale
- Verify the registered proprietor matches the vendor
- List every encumbrance, easement, and restrictive covenant — order full instruments for any that are unclear
- Check for mining interests and assess surface access risk
- Identify all caveats and confirm discharge arrangements for off-the-plan settlements
- Review any Section 70A notifications for planning restrictions
- For strata or survey-strata titles, order the strata plan and by-laws
- For rural titles, confirm legal access and check for water or mining encumbrances
- If the plan is unregistered (off-the-plan), confirm the sunset date and what triggers registration
- Re-order a title search immediately before settlement to catch any new caveats or encumbrances registered after your initial search
This information is a practical guide, not legal advice. Property transactions involve risks that depend on your specific circumstances. Consult a qualified conveyancer or solicitor for legal direction on any encumbrance you identify.
Frequently Asked Questions
What does a caveat on a WA title search mean for an off-the-plan buyer?
A caveat indicates someone claims an interest in the property. For off-the-plan purchases, the most common caveat is from the developer's lender securing a construction loan. This is routine, but you should confirm the caveat will be discharged at settlement. Multiple caveats from unrelated parties may signal a dispute that could delay registration.
When should I order additional documents beyond the title search?
Order full instruments for any encumbrance, caveat, or covenant that needs detailed terms. For strata or survey-strata titles, always order the strata plan and by-laws. For rural titles with mining interests, order the mining tenure. If boundaries are unclear, order the survey plan. Each additional document can be ordered through TitleFinder once you have the registration number from your title search.
Can mining interests override my ownership rights on a WA property?
Yes. In Western Australia, mining tenements granted under relevant legislation can coexist with private land ownership. Depending on the type of tenement, the holder may have rights to access the land, explore, or extract minerals. The surface owner is entitled to compensation in some cases, but the access rights remain. Always check for mining interests before purchasing rural or semi-rural land.
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.
