Quick Answer
A property title search NSW reveals easements, covenants, caveats and zoning restrictions that determine if a block can be subdivided. Order the Current Title first ($74.50 AUD through TitleFinder), then request the deposited plan and specific dealings to confirm boundaries and building constraints.
Why Title Checks Drive Subdivision Feasibility
Before you spend money on surveyors or town planners, verify the legal reality of the site. A title search New South Wales shows exactly what you can and cannot do with the land. The register tells you if the property is burdened by drainage easements, restricted by heritage covenants, or tied up by a third-party caveat. Skipping this step is a fast way to buy a block that cannot be split.
Through TitleFinder, a Current Title / State Lease search is $74.50 AUD. This gives you the foundational document needed to start your property due diligence NSW.
Subdivision Feasibility Buyer Checklist
Work through these items in order. If the current title throws a red flag on any point, investigate further before committing to the purchase.
- Verify the Title Type: Confirm if the property is Torrens title, Strata, or Old System land. Torrens title homes are the simplest to subdivide. Strata apartments require checking the strata scheme by-laws and common property boundaries. Old System land requires examining the chain of title back at least 30 years.
- Check for Easements: Look for drainage, sewerage, rights of way, or support easements. A drainage easement running directly through the middle of a proposed new lot will force a redesign or stop the subdivision entirely.
- Identify Restrictive Covenants: Covenants dictate land use. Look for wording that limits the number of dwellings, mandates specific building materials, or restricts building height. These are common in newer housing estates.
- Review Caveats: A caveat means someone else claims an interest in the property. You must determine if the caveat will prevent transfer or hinder your ability to register new lot titles.
- Confirm Lot Dimensions: The title references a specific Deposited Plan (DP). You must order the plan to see the exact survey boundaries, total area, and whether the existing house encroaches over the boundary.
- Check for Section 88B Instruments: If the title mentions an 88B instrument, order it. This document details the easements and restrictions created when the land was originally subdivided.
When to Order Supporting Documents
The Current Title is your starting point, but subdivision feasibility demands more detail. Use the title register to identify and order these secondary documents:
- Deposited Plan (DP): Order this immediately after receiving the title. The title only gives you the DP number; the plan itself shows the exact lot shape, easement locations, and physical dimensions.
- Dealings / Instruments: If the title lists a specific registered number for a covenant, easement, or restriction, order that dealing. The title only summarises the interest; the full dealing document contains the exact legal terms that will bind your new lots.
- Strata Plan (SP): For strata apartments, order the registered strata plan. This shows unit boundaries, common property, and the original by-laws. This is necessary if you intend to subdivide the airspace or alter common property boundaries.
- Historical Deeds: Required for Old System land. You must trace the chain of ownership to ensure the vendor actually has the right to sell and transfer the whole parcel without missing fractional interests.
NSW Title Types vs Subdivision Risk
| Title Type | Key Subdivision Risk | Documents to Order |
|---|---|---|
| Torrens Title Home | Easements or restrictive covenants blocking new lot creation | Current Title, Deposited Plan, Section 88B Instrument |
| Strata Apartment | By-laws restricting alterations; common property boundary disputes | Current Title, Strata Plan, By-laws |
| Old System Land | Unregistered interests or breaks in the chain of title | Current Title, Historical Deeds, Prior Conveyances |
Frequently Asked Questions
Can I subdivide a property with a drainage easement?
It depends on the easement's location and terms. If the easement runs along the boundary, subdivision may be straightforward. If it cuts through the centre, you may not have enough clear space to meet minimum lot size requirements. Always order the Deposited Plan to see the exact easement footprint.
What is a Section 88B instrument?
A Section 88B instrument is a legal document submitted alongside a Deposited Plan. It creates easements, restrictions on the use of land, and positive covenants. If your title search New South Wales shows restrictions created under an 88B instrument, order the instrument to read the exact rules governing the land.
Does a standard title search show council zoning?
No. A title search shows private legal restrictions like easements and covenants. Council zoning and minimum lot sizes are controlled by the local environmental plan and are found on the planning certificate (Section 10.7 certificate), which you must order separately from the local council.
Note: This article provides practical guidance for property research and does not constitute legal advice. Consult a solicitor or conveyancer for legal decisions regarding your purchase.
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.
