Quick Answer
A title search for refinancing in NSW confirms legal ownership, reveals encumbrances such as caveats and easements, and confirms the lender can register its mortgage. Order a Current Title search, review any registered instruments, and check for strata or old system land complications before your lender finalises approval.
Why a Title Search Is Required for Refinancing
When you refinance, the new lender needs certainty that the borrower is the registered owner and that no undisclosed interests block the new mortgage. A title search is the standard refinance due diligence step that provides this. Without it, the lender cannot assess its risk or prepare mortgage documents correctly.
Your conveyancer or solicitor will typically order the search, but property owners and developers can also obtain title records directly through TitleFinder to review details before engaging legal representatives.
Key Property Title Documents for a NSW Refinance
Current Title Search
The Current Title search is the starting document. It lists the registered proprietor, any mortgages, caveats, easements, covenants and other interests noted on the title. For a standard Torrens title home, this single document answers most refinance questions. A Current Title / State Lease search through TitleFinder costs $74.50 AUD.
Deposited Plan or Strata Plan
When the title references a plan number, order the plan to confirm lot boundaries, easement locations and common property. For strata apartments, the strata plan shows lot boundaries, common property and by-law restrictions that may affect the lender's security.
Registered Instruments and Dealings
If the title lists a dealing number—such as a specific easement, restriction on use, or positive covenant—order that instrument. The title entry alone may not show the full terms. The instrument reveals the exact obligations and whether they affect refinance terms.
What to Check on Each Document
- Ownership: Confirm the borrower is the registered proprietor. Joint tenants versus tenants in common affects how the mortgage is prepared.
- Existing mortgages: Identify the current mortgage reference. Your new lender needs this to prepare a discharge and registration.
- Easements: Check whether easements over the land (drainage, right of way, transmission line) restrict building or use. Order the easement instrument for full terms.
- Caveats: A caveat prevents dealings without the caveator's consent. If one is registered, it must be addressed before the new mortgage can be lodged.
- Covenants and restrictions: Positive covenants require the owner to do something (maintain a wall, pay for a shared road). These obligations may affect the lender's valuation.
Local Risk Notes for NSW Properties
Torrens Title Homes
Most residential properties in NSW are Torrens title. The register is conclusive, so the Current Title search generally provides all the information needed. Check for any notations marked "noted on" rather than "registered"—these require further investigation.
Strata Apartments
Strata title adds complexity. Review the strata plan for lot and common property boundaries. Check by-laws registered on the title for renovation restrictions, pet rules or short-term letting prohibitions. The new lender may impose conditions if by-laws affect the property's marketability.
Old System Land
A small number of NSW properties remain under old system (general law) title, where ownership is proved by a chain of deeds rather than a single register entry. Refinancing old system land requires a title investigation back at least 30 years. If your title search indicates old system land, expect additional time and cost for a full chain-of-title review.
When to Order Your Title Search
Order the Current Title search as early as possible—ideally before you submit a refinance application. Early ordering lets you identify caveats, outstanding mortgages or title defects that could delay approval. If your refinance involves a fixed-rate expiry or a settlement date, allow at least two weeks for document review and follow-up searches.
Order plans and instruments immediately after receiving the title, since some instruments reveal obligations that change the lender's risk assessment.
NSW Refinance Title Search Checklist
- Order the Current Title / State Lease search ($74.50 AUD through TitleFinder).
- Confirm the registered proprietor matches the borrower.
- List all registered mortgages and note their dealing numbers for discharge.
- Check for caveats—identify the caveator and the claimed interest.
- Review easements and covenants noted on the title; order instruments for full terms.
- If the property is strata, order the strata plan and check by-laws.
- If the property is old system land, arrange a full chain-of-title search.
- Confirm the title type (Torrens, strata, old system) to inform the lender.
- Provide all documents to your conveyancer or solicitor for mortgage preparation.
- Re-order a title search immediately before settlement to confirm no new dealings have been registered.
Comparing Title Types for NSW Refinance
| Title Type | What the Search Shows | Refinance Risk |
|---|---|---|
| Torrens | Single register entry with all interests | Low—usually straightforward |
| Strata | Lot on strata plan plus by-laws | Medium—by-laws and common property require review |
| Old System | Chain of deeds, no single register | High—full 30-year title search required |
Frequently Asked Questions
Do I need a title search if I am only refinancing with a different lender?
Yes. The new lender requires a current title search to confirm ownership and check for any encumbrances registered since your original mortgage. Even if you refinanced recently, intervening caveats or court orders can appear on the title.
What happens if a caveat is on the title?
A caveat blocks registration of the new mortgage until the caveator consents or the caveat is withdrawn or removed. Your conveyancer must contact the caveator to negotiate consent or apply for removal through the appropriate legal process before settlement.
Is a plan search necessary for a Torrens title house?
Not always, but if the title lists an easement referencing a specific deposited plan, order that plan to see the easement's physical location. For strata or community title properties, the plan is essential to understand lot boundaries and common property areas.
Order your NSW Current Title / State Lease search through TitleFinder for $74.50 AUD and review your property records before starting the refinance process.
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.