Quick Answer
When separating in Western Australia, ordering the correct property title documents confirms exactly who owns the property, what debts are secured against it, and which restrictions affect its value. A Current Title search is the baseline for property settlement due diligence, identifying green title restrictions, survey-strata details, caveats, and mining interests specific to WA.
Timing Your Title Search for Property Settlement
Order your property title documents Western Australia early. Request the Current Title before drafting financial agreements or consent orders. The registered proprietor must match the settlement parties. If a spouse has lodged a caveat, you must identify it before calculating the asset pool. Order any referenced deposited plans or dealings immediately after receiving the title to prevent delays in finalising the settlement.
Key WA Title Documents to Order
Property settlement due diligence relies on three types of official property records:
- Current Title / State Lease Search ($74.50 AUD): This confirms the current registered proprietors and lists all encumbrances, including mortgages, easements, and caveats. Order this first.
- Deposited Plan or Survey-Strata Plan: The title references a specific plan number. Order the plan to verify lot boundaries, common property boundaries, and dimensions. This is necessary when determining if a future subdivision or improvement is possible.
- Dealings and Instruments: If the title lists a specific caveat, restrictive covenant, or easement, order the individual dealing. This provides the full terms, such as the exact amount of a registered mortgage or the specific conditions of a caveat.
Local WA Risk Notes
Western Australian titles carry specific risks that can alter the net value of a property in a settlement:
Green Title
WA "green title" indicates standard freehold ownership without shared common property. While this seems straightforward, green titles can still carry heavy restrictions. Check the encumbrances section for restrictive covenants that limit building height, materials, or further subdivision.
Survey-Strata
Unlike a standard strata title, a survey-strata scheme defines individual lot boundaries on a plan but often includes shared common property like driveways. When reviewing the survey-strata plan, identify which maintenance liabilities fall to the lot owner versus the strata company. Overlooking these liabilities can lead to unexpected post-settlement costs.
Mining Interests
Many WA titles include reservations that give the state or third parties rights to minerals. In rural or peri-urban areas, active mining tenements may overlap the property, restricting surface use. Check the title for mining reserve notations. If present, ordering the specific instrument details the exact rights reserved.
Caveats
During separation, one party often lodges a caveat to protect their financial interest and prevent the other from selling or refinancing. A caveat appears directly on the title search. You must order the caveat dealing to read the specific claim and determine the process for its withdrawal as part of the settlement.
Rural Titles
Rural properties in WA frequently feature old easements for water, electricity, or right-of-way that benefit neighbouring lots. They may also include heritage listings or environmental covenants. Always order the deposited plan for rural titles to map out these easements and confirm legal access to the property from a public road.
Document Comparison
| Document | What it confirms | When to order it |
|---|---|---|
| Current Title | Registered proprietors, encumbrances, caveats | At the start of property settlement due diligence |
| Deposited / Survey-Strata Plan | Lot boundaries, dimensions, common property | When the title references a plan, or when boundary clarification is needed for asset valuation |
| Dealing / Instrument | Full terms of a caveat, mortgage, or covenant | When a specific encumbrance on the title needs detailed review for settlement negotiations |
Property Settlement Title Search Checklist
- Order a Current Title to verify registered proprietors and identify any encumbrances.
- Confirm if the property is green title or survey-strata and check for specific scheme restrictions.
- Identify any registered caveats lodged by a former spouse or third party.
- Inspect the title for mining reservations or third-party tenements affecting surface rights.
- Order the Deposited Plan to verify lot boundaries and locate easements.
- For rural titles, cross-reference the plan with the title to confirm legal access and water rights.
- Order specific Dealings or Instruments to read the full text of any mortgage, caveat, or restrictive covenant.
- Ensure all title documents reflect the current status before finalising consent orders.
This article provides general information only. Consult a legal practitioner for advice specific to your separation and property settlement.
Frequently Asked Questions
What does a title search for property settlement in WA show?
It shows the current registered proprietors, any registered mortgages, easements, caveats, and specific interests like mining reservations or restrictive covenants that affect the property value.
How much does a WA property title search cost?
You can order a Current Title / State Lease search through TitleFinder for $74.50 AUD. This provides the official property records detailing ownership and encumbrances.
Why are mining interests a risk on WA property titles?
Official property records in WA frequently include reservations allowing the state or private entities to access minerals. Third-party mining tenements can also overlap surface land, restricting the owner's ability to build or alter the property without consent.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- WA Title Search — $79.90
- WA Survey Search — $85.90
- WA Document Search — $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.
