Western Australia strata apartment title search image for How to Read a WA Title Search for Refinance: Checks and Encumbrances

How to Read a WA Title Search for Refinance: Checks and Encumbrances

Quick Answer

When refinancing a property in Western Australia, your new lender requires a current title search to confirm ownership, title type, and any registered encumbrances. To read a WA title search for refinance, check the registered proprietor matches your loan application, verify the title type (such as a green title or survey-strata), review the encumbrances section for caveats or mortgages, and note any mining interests or restrictive covenants. You can order the current title through TitleFinder for $74.50 AUD to provide your lender with the exact document they need.

Key Elements on the WA Title Search

Official property records in WA contain specific sections that tell you exactly who owns the land and what limitations exist. The document is divided into sections, typically starting with the volume and folio numbers at the top, which uniquely identify the title. Below this, you will find two main schedules. The first schedule lists the registered proprietor, and the second schedule lists all registered encumbrances.

Title Type: Green Title vs Survey-Strata

WA uses several title types, and identifying the correct one is essential for refinancing. A "green title" indicates a standard freehold parcel. It usually means the property has its own independent boundaries and no shared common property, making it straightforward for lender assessment.

A survey-strata title means the property is part of a strata subdivision. While it might look like a green title on the surface, it can include shared common property like driveways or retaining walls. Lenders assess survey-strata titles carefully because strata company requirements or shared maintenance costs can impact your financial obligations.

Refinance Checks Property Title Western Australia: Checklist

Use this checklist when you read through the title search document for your refinance:

  • Verify the registered proprietor exactly matches the names on your new loan application.
  • Identify the title type (green title, survey-strata, or standard strata) to confirm lender acceptance.
  • Check the encumbrances section for existing mortgages that your current lender will discharge.
  • Scan for caveats that might block the new mortgage registration.
  • Look for easements or restrictive covenants that could affect property value or use.
  • Note any mining interests registered on the title.
  • Confirm the volume and folio numbers match your existing mortgage documents.

Comparison Table: Common Title Encumbrances WA

Encumbrance Type What It Means Refinance Impact
Mortgage A registered loan against the property. Must be discharged by the old lender before the new one takes priority.
Caveat A warning that someone else claims an interest in the property. Usually prevents the new lender from registering their mortgage until withdrawn or removed.
Easement Right for another party to use part of the land (e.g., drainage, access). Lender checks if the easement impacts the dwelling or land value significantly.
Restrictive Covenant Rules limiting what you can build or do on the land. May affect the property's valuation or future development potential.
Mining Interest Rights for a third party to explore or extract minerals. Requires legal review, as it can affect land use and ownership rights.

Special Risk Notes for WA Refinancing

WA titles carry some unique local risks that require extra attention during a refinance.

Mining Interests

Western Australia has significant mining activity, and titles often include reservations to the Crown for mining. While standard Crown reservations rarely stop a residential refinance, specific registered mining leases or mineral rights can indicate third-party access to the land. If a mining interest appears in the encumbrances section, your lender will need to understand the scope of that access before approving the loan.

Caveats

A caveat acts as a statutory injunction, preventing any further dealings with the title. For a refinance, an active caveat usually means the new lender cannot register their mortgage. You must resolve the caveat—either by having the caveator withdraw it or by applying to have it removed—before the refinance can settle.

Rural Titles

Rural properties often carry old encumbrances like water rights, stock routes, or telegraph easements. When reading the title, check for references to original crown grant conditions, as they may restrict building locations, land clearing, or water usage. These restrictions can affect the lender's valuation and your ability to service the loan if the land's productivity is limited.

When to Order Additional Documents

A current title search shows what is registered, but it does not show physical boundaries or detailed rules. You should order a plan or dealing (instrument) if:

  • The title refers to a specific deposited plan or strata plan. You need this to verify lot dimensions, common property boundaries, and by-laws.
  • You need to read the full text of a specific encumbrance. The title search only lists the reference number and a brief description; ordering the instrument gives you the complete terms.
  • A survey-strata title is involved, and the lender needs to see the strata plan to understand shared maintenance obligations.
  • The title is a state lease, which requires checking the specific lease terms and conditions.

Frequently Asked Questions

How much does a WA title search cost?

A Current Title / State Lease search through TitleFinder is $74.50 AUD. This provides the official property records directly to your inbox.

Do I need a new title search if I am only refinancing my home loan?

Yes. Lenders require an up-to-date search to confirm no new caveats, mortgages, or changes in ownership have occurred since your original purchase or last refinance. They need a clear picture of the title on the day of settlement.

What is the difference between a green title and a survey-strata title for refinancing?

A green title is a standalone freehold block with no common property. A survey-strata may include shared common property or by-laws, which the lender must review before approving the refinance because of the ongoing financial obligations to the strata company.

Always consult your conveyancer or legal representative to interpret specific title encumbrances or manage disputes arising from caveats.

Order the right TitleFinder document

Use this guide as a reference, then order the actual record that answers your question:

If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.


Browse title search guides by state

Compare practical property title search guidance across Australia:


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.

General information only. TitleFinder provides property record search services and does not provide legal, conveyancing, financial or property advice. Always consult a qualified conveyancer, solicitor or adviser before acting on title information.

Property searches by state

Choose the state where the property is located. Current prices and availability are shown below.

WA Title Search

$79.90 AUD

View product

Documents are processed by our team and delivered by email during business hours. Check the product page for details.

Comments


Leave a Comment