Quick Answer
Refinancing a property in New South Wales requires verifying the current title before your new lender will settle. Order a current title search, check for caveats, easements and encumbrances, and confirm your ownership details match your loan application. For strata apartments, review the strata plan and by-laws. For torrens title homes, check boundary easements and covenants. A current title / state lease search through TitleFinder is $74.50 AUD.
Why a Title Search Matters for Refinancing
When you refinance, the incoming lender needs to confirm the property title is in order or understand any registered interests that affect their security. A title search reveals whether someone has lodged a caveat, whether an easement restricts use of the land, or whether the registered proprietor matches the loan applicant. Finding these issues early prevents settlement delays or loan refusals.
Key NSW Property Title Documents for Refinancing
Current Title Search
The starting document for any refinance. It shows the registered proprietor, any mortgages, caveats, easements, covenants and other encumbrances currently noted on the title. Order this first — it tells you what else you need. A current title / state lease search through TitleFinder costs $74.50 AUD.
Deposited Plan
If the title references a deposited plan, order it to confirm lot boundaries, dimensions and easement diagrams. This matters for torrens title homes on smaller lots where drainage or right-of-way easements are common.
Dealings and Instruments
When the title search shows registered dealings — a current mortgage, a restrictive covenant, or an easement — order the relevant instrument to read the full terms. Lenders need to understand the priority and conditions of any existing mortgage before agreeing to refinance.
Strata Plan and By-Laws
For strata apartments, the strata plan defines your lot boundaries, common property and unit entitlement. By-laws may restrict renovations, pet ownership or short-term letting. These restrictions can affect valuation and your lender's willingness to approve the loan.
Local Risk Notes: What to Watch in NSW
Strata Apartments
NSW strata titles carry specific refinance risks. Check the strata plan for lot dimensions and common property boundaries. Review by-laws for restrictions that might reduce valuation. Look for registered easements over common property for services. Outstanding work orders or special levies on the strata scheme can also affect your refinance assessment.
Torrens Title Homes
Most NSW residential properties are under torrens title, where the official property records guarantee ownership. Even so, check for restrictions on use. Covenants limiting building materials, setbacks or single-dwelling requirements are common in newer subdivisions. Also check for drainage or right-of-way easements that run through or alongside the lot.
Easements
NSW titles commonly show easements for drainage, right of way and services. An easement does not necessarily prevent refinancing, but your new lender needs it disclosed and explained. Read the instrument behind any easement reference on the title — some carry maintenance obligations that affect your financial position.
Caveats
A caveat on title means someone claims an interest in the property. This is a red flag for refinancing. Common sources include builders claiming unpaid invoices, former partners asserting equitable interests, or lenders protecting an unregistered mortgage. You must identify the caveator and resolve the caveat before settlement.
Old System Land
A small portion of NSW land remains under old system title, where ownership is proved by a chain of documents rather than a single guaranteed register entry. If your property falls in this category, refinancing is more complex — you need to compile and verify the chain of title. Most lenders require conversion to torrens title first. Confirm title type early in the process.
Timing: When to Order Documents
Order your title search as soon as you decide to refinance, before submitting the loan application. This gives you time to address problems — removing a caveat, explaining an easement, or converting old system land. Allow 5 to 10 business days for resolution if issues appear. If the title is clear, the search results can support your application immediately.
Order plans and dealing copies within the first week of your application. Strata by-laws and easement instruments may need interpretation by your conveyancer, so allow time for that review.
NSW Refinance Title Search Checklist
- Order a current title search ($74.50 AUD via TitleFinder)
- Confirm registered proprietor matches your loan application name
- Check for registered caveats — identify caveator and claim details
- Review easements — order instruments to read terms and obligations
- Check for covenants or restrictions on use
- Confirm current mortgage registration number and lender
- For strata: order strata plan and by-laws
- For torrens title homes: order deposited plan to verify lot boundaries
- For old system land: confirm title type and discuss conversion with your conveyancer
- Re-check title within days of settlement for any newly registered interests
Document Comparison: What Each Document Shows
| Document | What It Shows | When to Order |
|---|---|---|
| Current Title Search | Ownership, encumbrances, caveats, easements | Before loan application |
| Deposited Plan | Lot boundaries, easement diagrams, dimensions | First week of application |
| Strata Plan | Lot boundaries, common property, unit entitlement | First week of application |
| By-Laws | Use restrictions, renovation rules, pet policies | With strata plan |
| Dealings / Instruments | Full terms of mortgages, covenants, easements | After title search identifies them |
Frequently Asked Questions
Do I need a new title search if I already have one from purchase?
Yes. Interests can change between purchase and refinance. A caveat may have been registered, a mortgage discharged, or an easement added since you bought. Title searches reflect the register at the time of ordering — always order a fresh one.
Can I refinance with a caveat on title?
Most lenders will not settle with an active caveat. You need to identify the caveator, understand their claim and either have the caveat withdrawn or obtain their consent. Some caveats can be removed through official processes, but this takes time — start early.
What if my property is old system land?
Old system land requires a chain of title documents to prove ownership, which adds time and cost to refinancing. Many lenders require conversion to torrens title before approving a refinance. Discuss conversion with your conveyancer at the outset, as applications can take weeks to process.
This article is general information only and does not constitute legal or financial advice. Consult a qualified conveyancer or 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.
