Quick Answer
Before a lender will approve refinancing, they need confirmation that your property title is clear of unexpected encumbrances. A property title search NSW returns the current title reference, registered proprietor, easements, caveats, covenants, and any mortgages already listed on the title. For strata apartments, you also need strata plan details. For older properties, you may encounter old system land that requires extra searching. Ordering your title search early lets you resolve problems before the lender's valuation deadline.
Why Refinancing Requires a Fresh Title Search
Lenders base their security on what is actually registered, not what you recall from your original purchase. A property due diligence NSW check reveals whether anything has changed since settlement — a new easement, a caveat lodged by a contractor, or a mortgage discharge that was never registered. Any discrepancy can delay or derail your refinancing application.
What the Title Search Returns
A Current Title / State Lease search through TitleFinder costs $74.50 AUD and provides:
- Volume and folio (title reference)
- Registered proprietor name(s)
- Estate type (Torrens title, strata, crown lease)
- Registered encumbrances: easements, covenants, restrictions, caveats
- Registered mortgages and their priority order
- Any dealings, plans, or instruments noted on the title
If the title refers to a deposited plan or strata plan, order that plan separately to check boundaries, lot dimensions, and common property.
NSW Property Types and Their Title Risks
Torrens Title Homes
Most freehold houses in NSW are Torrens title. The title is guaranteed by the state system, which simplifies checking. Focus on:
- Easements crossing the lot — drainage, right of way, sewer
- Restrictive covenants that limit building height, materials, or use
- Whether a previous mortgage discharge is registered
Strata Apartments
Strata lots have two layers of title: your individual lot within the strata plan, and your share in common property. Check:
- The strata plan for lot boundaries, common property, and by-law registrations
- Whether the strata scheme has registered changes to by-laws that affect your use
- Any easements over common property (e.g., utility services)
- Whether a caveat has been lodged by the owners corporation
Order the strata plan if it is not already in your possession. Lenders want to confirm the lot can be used as security without dispute.
Caveats
A caveat is a statutory injunction that prevents further dealings being registered without notice to the caveator. Common sources include:
- Unpaid contractors or suppliers
- Former spouses under family law proceedings
- Beneficiaries claiming an interest in the estate
A caveat on title will block or delay refinancing. Identify caveats early so your conveyancer can arrange withdrawal or negotiation.
Old System Land
A small number of NSW properties are still old system title, where ownership is proved by a chain of deeds rather than a single guaranteed folio. Risks include:
- Gaps in the chain of title
- Unregistered interests that do not appear on a standard search
- Complex conveyancing that some lenders refuse to accept
If your title search New South Wales returns an old system reference, budget extra time and cost for a historical search through official property records.
When to Order Additional Documents
| Document | What It Answers | When to Order |
|---|---|---|
| Deposited Plan | Lot boundaries, dimensions, easement locations | Title references a DP you do not hold |
| Strata Plan | Lot definition, common property, by-laws | Refinancing a strata apartment |
| Dealing / Instrument | Full terms of a registered easement, covenant, or mortgage | Title lists an encumbrance you need to read in full |
| Historical Search | Chain of title for old system land | Old system title detected on the current search |
Refinancing Title Search Checklist
Work through each item before submitting your refinancing application:
- Order a Current Title search ($74.50 AUD through TitleFinder)
- Confirm the registered proprietor matches your name exactly
- List every easement, covenant, and restriction on title
- Check for caveats — if present, instruct your conveyancer to resolve them
- Verify your existing mortgage is shown and will be discharged at settlement
- For strata lots, order the strata plan and review by-laws
- For Torrens title homes, order the deposited plan if boundary details are unclear
- For old system land, arrange a historical title search immediately
- Compare title findings against your lender's requirements and valuation instructions
- Supply the title search, plan, and any dealings to your lender before the valuation deadline
Common Questions
Can I refinance if there is an easement on my title?
Most easements — drainage or right of carriageway, for example — do not prevent refinancing. Lenders want to see the terms. Order the dealing that created the easement so your conveyancer can confirm it does not restrict the property's value or your ability to grant a mortgage.
What happens if a caveat appears on my title search?
A caveat blocks registration of new dealings, including your refinancing mortgage. Contact the caveator to negotiate withdrawal, or ask your conveyancer to apply for its removal. This can take weeks, so start immediately.
Is old system land a deal-breaker for refinancing?
Not always, but it complicates the process. Some lenders will not accept old system title as security. Those that will require a complete chain of title from official property records. If converting to Torrens title is an option, discuss timing with your conveyancer.
This article is a general guide, not legal advice. For specific questions about your title, consult a qualified conveyancer or solicitor.
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.
