Quick Answer
When buying WA property from interstate, you rely heavily on desktop due diligence. A property title search WA reveals ownership, encumbrances, and restrictions. The main risks to verify are green title boundaries, survey-strata common property, mining interests, and caveats. You can order a Current Title / State Lease search through TitleFinder for $74.50 AUD to review official property records before committing.
Interstate Buyer Risks in WA
Physical distance makes it harder to spot boundary discrepancies or talk to local councils. Property due diligence WA requires checking official property records because WA has unique tenure types and historical mining overlaps that eastern states buyers might not expect. Ordering the right title documents early prevents contract surprises.
WA Title Search Checklist for Interstate Buyers
1. Confirm the Tenure Type: Green Title vs Survey-Strata
WA uses specific terminology for land tenure. The title search Western Australia will state whether the property is a green title or survey-strata.
- Green Title: This is the standard freehold tenure. It means you own the land and the structure exclusively, with no common property. However, check the title for any easements or restrictive covenants that affect your use.
- Survey-Strata: Often confused with eastern states strata titles, a survey-strata title in WA can apply to detached houses. The critical difference is that survey-strata lots may have common property areas like driveways or shared walls, managed by a strata company. Always check if common property exists and what your maintenance liabilities are.
2. Check for Caveats
A caveat is a formal notice lodged by someone claiming an interest in the land. This could be a builder seeking payment, a former spouse in a family law dispute, or a lender with an unregistered mortgage. A caveat does not always stop a sale, but it must be removed before settlement. As an interstate buyer, identifying caveats early lets your conveyancer negotiate their withdrawal before you commit to the contract.
3. Investigate Mining Interests
WA has active mining sectors, and mining tenements can coexist with surface land titles. A property title search WA may show a reference to mining interests or a mining lease over the property. In WA, mining rights can sometimes override surface land use. If the official property records show a mining interest, you must order the associated instrument to understand if the mining company has the right to access, excavate, or explore on your land.
4. Verify Rural Title Specifics
Buying a rural property interstate adds risks around boundaries, access, and water rights. Rural titles often rely on old boundaries or lack formal fencing. Check the title for unmade road reserves that cross the property. Verify any water rights or riparian rights noted on the title. If the property relies on an easement for road access because it is landlocked, order the easement instrument to confirm the right of carriageway is legally enforceable.
5. Identify Encumbrances and Restrictive Covenants
Encumbrances are registered interests that affect the title, such as mortgages or charges. Restrictive covenants limit what you can build or do on the land. If you plan to develop, renovate, or run a business from the property, check the title for covenants. The Current Title search lists these, but to read the actual conditions, you must order the specific instrument or dealing.
When to Order Plans, Dealings, and Instruments
A Current Title / State Lease search ($74.50 AUD through TitleFinder) shows the current registered owners and a list of registered interests. It does not include the full text of those interests.
- Order the Deposited Plan or Survey-Strata Plan: If the title is survey-strata or has complex easements, order the plan. It shows the physical boundaries, common property, and lot dimensions.
- Order Dealings or Instruments: If the title lists an easement, covenant, or mining interest by a registration number, order that specific dealing. This document contains the exact terms, restrictions, and obligations you must follow.
- Order a State Lease: If the land is Crown land, the title will be a State Lease. You must read the lease document to understand the term, rent, and permitted use restrictions.
Green Title vs Survey-Strata Comparison
| Feature | Green Title | Survey-Strata |
|---|---|---|
| Ownership | Standard freehold | Freehold, subject to survey-strata scheme |
| Common Property | None | May exist (e.g. shared driveways) |
| Strata Company | Not applicable | Required if common property exists |
| Typical Structure | Detached houses, vacant land | Detached houses, townhouses, villas |
| Key Document to Order | Current Title search | Current Title search + Survey-Strata Plan |
Frequently Asked Questions
Can I buy WA property without inspecting it?
You can, but it increases your risk. If you cannot inspect physically, hire a local building inspector and rigorously check the official property records. A property title search WA reveals structural restrictions, boundary issues, and common property liabilities that photos cannot show.
What happens if a caveat is on the title?
A caveat signals a third party claims an interest in the property. You can still sign a contract, but the caveat must be withdrawn or removed before settlement can proceed. Your conveyancer must contact the caveator to negotiate withdrawal based on the sale.
Do I need a separate search for mining interests?
The Current Title search will note if a mining interest is registered against the land.
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.Order the right TitleFinder document
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.