Quick Answer: A title search for commercial property in NSW reveals the registered proprietor, encumbrances, easements, caveats and restrictions affecting the land. Ordering a Current Title search through TitleFinder ($74.50 AUD) gives you the starting point, but most commercial transactions also require plan searches, dealings and instruments to confirm boundaries, access rights and obligations before you commit to the purchase.
What a Title Search Shows for Commercial Property
The title is the foundation of commercial property due diligence. It tells you who owns the land, what encumbrances burden it, and whether any third parties hold registered interests. For NSW commercial purchases, the key is knowing which documents to order and what to look for in each one.
A Current Title search provides:
- The registered proprietor's name and how they hold title
- Easements, restrictions, positive covenants and profit à prendre noted on the title
- Caveats lodged against the property
- Unregistered dealings that have been lodged but not yet recorded
- Whether the land is under Torrens title or still within the old system
Property Title Documents New South Wales Buyers Need
Current Title
This is your starting document. It confirms ownership and lists every registered interest. Order it through TitleFinder for $74.50 AUD. Check that the vendor named in the contract matches the registered proprietor. Any discrepancy needs explanation before exchange.
Deposited Plan or Strata Plan
The plan defines the property's boundaries, lot dimensions and easement sites. For strata apartments, the strata plan sets out lots, common property and by-laws. For Torrens title homes on subdivided land, the deposited plan shows easement corridors and site dimensions. Order this when you need to verify exactly what land is being sold and what rights traverse it.
Dealings and Instruments
Each encumbrance on the title has a dealing number. Ordering the dealing reveals the full terms — for example, the width and purpose of a right-of-carriageway, or the specific conditions in a restriction on use. In commercial property due diligence, always order dealings for easements, restrictions and positive covenants. Caveats also have their own instruments showing the grounds of the claim.
Section 88B Instrument
Where a deposited plan includes easements or restrictions, the Section 88B instrument sets out the terms. This document answers questions about maintenance obligations, who benefits from an easement, and whether restrictions can be released or varied. Order it alongside the deposited plan whenever the plan references easements or restrictions.
Timing: When to Order Each Document
- Before making an offer: Current Title search. This tells you whether the deal is worth pursuing and flags issues for your offer conditions.
- During cooling-off or due diligence period: Deposited plan or strata plan, Section 88B instrument, and all relevant dealings. Order these immediately after exchange to allow time for review.
- Before settlement: Reorder a Current Title search to confirm no new caveats or dealings have been registered since your initial search.
NSW-Specific Risks to Check
Strata Apartments
Commercial strata lots — such as offices, retail suites or warehouses in strata schemes — carry strata-specific risks. The strata plan defines your lot boundaries, which may include only internal surfaces. Check the by-laws for restrictions on use, parking allocations and exclusive use by-laws that affect common property. Verify whether the scheme has outstanding levies or disputes.
Torrens Title Homes
Most NSW freehold land operates under Torrens title, meaning the register is guaranteed. However, check for easements that benefit or burden the lot, particularly rights-of-way and drainage easements. Also confirm whether any primary applications converted the land from old system — these can carry forward restrictions from the original deeds.
Easements
Commercial sites frequently carry easements for access, drainage, electricity or telecommunications. Each easement affects what you can build and where. Read the dealing or Section 88B instrument for terms — an easement for "drainage" may also carry a right to enter and maintain, restricting landscaping or structures over the corridor.
Caveats
A caveat on a commercial title signals that a third party claims an interest. Common caveats come from mortgagees, contractors or parties to a put-and-call option. You need the caveat instrument to assess whether the interest must be discharged before settlement or whether it binds a purchaser.
Old System Land
A small portion of NSW land remains under old system title, where ownership is proven by a chain of deeds rather than a single guaranteed title. Old system land requires tracing the chain of title through historical dealings. If your title search shows "limited title" or the property is in an area where old system land persists, allow extra time and consider whether conversion proceedings are needed.
Commercial Property Title Search Checklist
- Order Current Title search — verify proprietor matches vendor
- Check title for easements, restrictions, caveats and positive covenants
- Identify title reference (folio identifier) and order deposited plan or strata plan
- Order Section 88B instrument if the plan includes easements or restrictions
- Order dealings for every registered easement, restriction and caveat
- For strata lots: review by-laws, lot liabilities and common property allocations
- Confirm land is Torrens title — flag any old system or limited title issues
- Re-run title search before settlement to catch new registrations
- Review all findings against the contract for sale and vendor warranty
- Document any discrepancies and seek clarification from the vendor or your solicitor
Document Comparison
| Document | What It Tells You | When to Order |
|---|---|---|
| Current Title | Owner, registered interests, caveats | Before offer and before settlement |
| Deposited / Strata Plan | Lot boundaries, easement sites, common property | Start of due diligence |
| Section 88B Instrument | Easement and restriction terms | With the deposited plan |
| Dealings | Full terms of each registered encumbrance | Start of due diligence |
| Caveat Instruments | Nature and grounds of third-party claims | Start of due diligence |
Frequently Asked Questions
How much does a title search cost for a NSW commercial property?
A Current Title / State Lease search through TitleFinder costs $74.50 AUD. Additional documents — plans, dealings, Section 88B instruments — are ordered separately based on what appears on the title.
Can I rely on the vendor's title documents instead of ordering my own?
No. The vendor's copies may be outdated. A fresh title search shows current caveats, new dealings and any changes since the vendor obtained their documents. Always order your own search as part of commercial property due diligence.
What if the title shows old system land?
Old system land requires a chain-of-title search through historical dealings rather than a single title folio. This takes more time and may surface restrictions carried over from original deeds. Allow additional due diligence time and consider whether a primary application to convert to Torrens title is appropriate.
This article is general information only, not legal advice. Consult your solicitor for advice specific to your transaction.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- NSW Title Search — $69.90
- NSW Imaged Deposited Plan — $85.90
- NSW Imaged Documents — $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.
