How to Read a WA Title Search: Tenure Types and Encumbrances Explained

How to Read a WA Title Search: Tenure Types and Encumbrances Explained

Quick Answer

When you read a WA title search, check the tenure type first (green title, survey-strata, strata, or state lease), then review the encumbrances section for mining interests, caveats, easements, and restrictive covenants. Each tenure type carries different ownership rights and restrictions that directly affect what you can do with the property.

What a WA Title Search Shows

A current title search from official property records gives you four critical pieces of information:

  1. The registered proprietor (who owns it)
  2. The tenure type (how they own it)
  3. The encumbrances (what limits ownership)
  4. The plan reference (what to order next for boundary or strata detail)

Order through TitleFinder and the current title or state lease search costs $74.50 AUD, delivered electronically.

WA Tenure Types Compared

Tenure Type Ownership Key Risk
Green Title (Freehold) Fee simple — land and structures Check for easements and covenants
Survey-Strata Surveyed lot boundaries, possible common property Common property obligations
Strata / Unit Building-defined unit plus common property share By-laws, levies, unit entitlements
State Lease (Crown Lease) Leasehold for a fixed term Expiry date, rent reviews, renewal terms

Green Title (Freehold)

A green title is the most straightforward tenure in WA. It means you hold the land in fee simple — the highest form of private ownership available. Always confirm the tenure field on the title explicitly states freehold. If the title shows a lease volume or reference prefix indicating a state lease, you do not have a green title. Do not assume full ownership rights until the tenure type is verified.

Survey-Strata

Survey-strata titles divide a parcel into separate lots under the Strata Titles Act, but lot boundaries are defined by surveyed measurements rather than building walls. Common property may still exist — a shared driveway, for example. Order the survey-strata plan alongside the title so you can check common property boundaries and setback requirements before committing.

Strata / Unit Title

A strata title defines lots by reference to a building. Your unit is bounded by walls, floors, and ceilings. The strata plan sets out unit entitlements, common property, and by-laws. Always order the strata plan and any registered by-laws to understand what you can alter, pet rules, and your maintenance cost share. A title search alone will not give you this detail.

State Lease (Crown Lease)

In WA, a significant portion of land — particularly in central Perth and some regional areas — is held under state lease. The title shows a leasehold tenure with a fixed term (for example, 99 years) and an expiry date. When the lease expires, ownership reverts to the Crown unless renewed. Lenders often apply stricter criteria when the remaining term is short. Order the lease instrument to check renewal provisions, rent review clauses, and development conditions.

Reading Title Encumbrances WA

The encumbrances section of a WA title lists every registered burden on the property. Skipping this section is the most common due-diligence error buyers make.

Mining Interests

WA titles can carry registered mining tenements — exploration licences, mining leases, or prospecting licences — that coexist with or override surface ownership. If a mining interest appears on the title, order the instrument to understand access rights, rehabilitation obligations, and whether the holder can enter your land. Rural and regional properties carry the highest risk.

Caveats

A caveat is a statutory notice that someone claims an interest in the property. It does not prove the claim — it blocks further dealings until the caveat is withdrawn, lapses, or a court orders removal. Common caveats include unregistered mortgage caveats, builder's lien caveats, and equitable interest claims. If you see a caveat, do not settle until your conveyancer confirms it will be removed or it protects a legitimate interest that survives settlement.

Easements and Restrictive Covenants

Easements grant another party a right over your land — for sewerage, drainage, vehicle access, or power lines. Restrictive covenants limit what you can do: single residential use only, building height restrictions, material controls, or no subdividing. Both appear in the encumbrances section. Order the instrument for each one to read the exact terms. A one-line entry on the title does not give you enough detail to assess risk.

Rural Title Risks

Rural titles in WA carry additional considerations beyond standard residential checks:

  • Unfenced boundaries and survey discrepancies against the deposited plan
  • Water rights and riparian easements
  • Stock routes and public access reserves
  • Native title claims or indigenous land use agreements
  • Registered mining tenements

For rural purchases, always order the deposited plan or crown diagram to verify that the legal boundaries match what exists on the ground.

Practical Checklist: Reading Your WA Title

  • Confirm the tenure type matches your expectations (freehold vs leasehold)
  • Check the registered proprietor matches the seller on the contract
  • List every encumbrance — do not skip any entry
  • For each easement, order the instrument and read the terms
  • For each caveat, instruct your conveyancer to verify its status
  • If mining interests appear, order the instrument and assess access risk
  • For strata or survey-strata, order the plan and by-laws
  • For state leases, check the remaining term and order the lease instrument
  • For rural titles, order the plan and check for native title or mining overlays
  • Verify the plan reference on the title matches the plan attached to the contract

When to Order Additional Documents

A title search alone does not give you full detail. Order these documents when:

  • Strata title → strata plan and by-laws
  • Survey-strata title → survey-strata plan
  • State lease → lease instrument
  • Encumbrances listed → each relevant instrument or dealing
  • Boundary questions → deposited plan or crown diagram

Frequently Asked Questions

What does "green title" mean on a WA property title?

A green title means the property is held in fee simple (freehold). It is the most complete form of private land ownership available in WA. You own the land and structures on it, subject only to any registered encumbrances such as easements or restrictive covenants.

How do I check for mining interests on a WA title?

Mining interests appear in the encumbrances section of the title search. Look for entries referencing mining leases, exploration licences, or prospecting licences. Order the instrument number listed alongside each entry to read the full terms, including any rights the holder has to access your land.

What is the difference between survey-strata and strata in WA?

A survey-strata divides land by surveyed lot boundaries on a plan, with possible common property like a shared driveway. A strata title defines units by building boundaries — walls, floors, and ceilings — and always includes common property. Both fall under strata legislation, but strata titles carry unit entitlements and by-laws that survey-strata titles may not include.

This article is for informational purposes only and does not constitute legal advice. Consult a qualified conveyancer or solicitor for advice specific to your transaction.

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