Almost every article about Queensland property title searches is written from the buyer's perspective. But sellers have their own title search obligations — and failing to understand them before listing can delay settlement, create legal exposure, and cost money you had not budgeted for. This guide walks Queensland property sellers through exactly what to check on their title before going to market.
Order the right document
Which TitleFinder product matches this check?
Use the article as a reference, then order the actual record below when you need evidence for a purchase, conveyancing file, council check or due-diligence review.
Current Title / State Lease
Start here to confirm the current registered owner, title reference and registered interests.
$74.50 · Order this document
Image of Survey Plan (SP/RP)
Add the plan if boundaries, lot layout, easements or strata/common property matter.
$85.90 · Order this document
Not sure which document fits? Start with the current title search, then add the plan or instrument if the title points to one.
Quick Answer
Before selling a Queensland property, you should order a current title search ($74.50) to identify any encumbrances, caveats, or registered interests that could complicate or block settlement. Common seller surprises include undischarged mortgages from prior refinances, forgotten caveats, unresolved easements, and infrastructure charges on development properties. Addressing these before listing avoids costly delays.
Why Sellers Need Title Searches Too
In Queensland, the seller is responsible for delivering clear title at settlement — meaning a title free of any encumbrances that were not disclosed in the contract of sale or agreed by the buyer. If an unexpected encumbrance surfaces during the buyer's due diligence, the buyer may:
- Rescind the contract if the issue constitutes a failure to deliver clear title
- Negotiate a price reduction to compensate for the defect
- Delay settlement while the issue is resolved — incurring holding costs for both parties
Running your own title search before listing gives you time to resolve issues proactively rather than under settlement pressure.
What to Check on Your Queensland Title Before Selling
1. Mortgages and Encumbrances
Every mortgage registered against your property will appear in the Encumbrances section of your title. Most sellers expect this — their current home loan is listed. But surprises are common:
- Undischarged second mortgages: If you ever had a second mortgage, line of credit, or equity access loan, check it has been formally discharged. Banks sometimes fail to lodge discharge forms promptly.
- Old mortgages from previous owners: In rare cases involving historical errors in the titles system, encumbrances from prior owners may still appear.
- Fixed-rate break costs: If you are selling before your fixed-rate term ends, calculate your break costs before listing. These can be substantial and will reduce your net proceeds at settlement.
2. Caveats
A caveat is a legal notice on your title that prevents dealings (including a sale) until it is resolved. Caveats are lodged by parties who claim an interest in the property. Before listing, check your title for:
- Builder's caveats: Contractors or builders who have not been paid in full may lodge a builder's lien or caveat under Queensland's security of payment legislation.
- Family law caveats: A former partner or spouse may have lodged a caveat to preserve their interest during settlement of a separation or divorce.
- Vendor finance caveats: If you previously sold a portion of the property or entered vendor finance arrangements, the other party may have a registered interest.
Caveats must be removed or dealt with before a sale can proceed. This can take weeks, particularly if contested. Discovering a caveat the week before settlement can cause the transaction to collapse.
3. Easements
Easements give other parties the right to use part of your land for specific purposes. Common Queensland easements include:
- Sewerage and drainage easements (held by local councils or infrastructure providers)
- Electricity and telecommunications easements
- Shared driveway and access easements
- Water supply easements held by councils
As a seller, you are required to disclose easements in the contract of sale. Buyers are generally entitled to be informed of any encumbrance that materially affects the property's use. Failing to disclose a known easement could expose you to a claim of misrepresentation. Review your title carefully and ensure your conveyancer includes all easements in the contract schedules.
4. Covenants
Restrictive covenants on your Queensland title restrict what can be done with the property — for example, limiting the type of construction, prohibiting subdivision, or requiring specific building materials. While buyers will discover covenants in their due diligence, sellers should be aware of them for two reasons:
- Disclosure: Material covenants should be disclosed in the contract
- Marketing accuracy: Advertising a property as "subdividable" when it carries a no-subdivision covenant creates legal risk
5. Infrastructure Charges
Queensland councils can register infrastructure charges against property titles for contributions towards trunk infrastructure such as water, sewerage, roads, and parks. These charges arise primarily in:
- New subdivisions
- Properties with outstanding development approvals
- Properties in growth corridors with registered charges
If your property carries an unresolved infrastructure charge, buyers will discover it during their title search. The charge may need to be paid at or before settlement. Checking your title in advance allows you to budget for this or disclose it accurately in the contract.
6. Priority Notices
A Priority Notice can be lodged by any party who intends to lodge a document affecting title within 60 days. If a prior buyer lodged a priority notice (for example, following a failed contract that did not proceed to completion), it may still appear on your title. Priority notices that have not lapsed should be investigated with your conveyancer before relisting the property.
Queensland Seller Title Search Checklist
| Item to Check | Where It Appears on Title | Action if Found |
|---|---|---|
| Current mortgage(s) | Encumbrances | Confirm payout figure; arrange discharge at settlement |
| Old undischarged mortgages | Encumbrances | Contact prior lender to lodge Form 5 discharge |
| Caveats | Caveats section | Contact caveator to remove; seek legal advice if disputed |
| Easements | Easements section | Disclose in contract schedules |
| Covenants | Encumbrances / Covenants | Disclose in contract; review for marketing accuracy |
| Infrastructure charges | Charges section | Budget to pay at settlement or disclose to buyer |
| Priority notices | Priority Notices | Confirm with conveyancer whether lapsed or active |
| Leases | Encumbrances | Disclose; buyer may have right to terminate if not disclosed |
How to Get Your Title Search Before Listing
The fastest and most cost-effective way to get a current title search in Queensland is through TitleFinder. You can order your search using your lot and plan number (found on your council rates notice) or by entering your property address.
| Search Type | When Sellers Need It | Price |
|---|---|---|
| Current Title Search | Before listing — check all encumbrances | $74.50 |
| Historical Title Search | Investigating prior ownership history or old encumbrances | $86.50 |
| Image of Certificate (pre-1994) | Very old properties where historical records are needed | $76.90 |
| Dealing Instrument Image | Reviewing terms of a specific registered easement or covenant | $91.80 |
| Survey Plan | Confirming boundaries for subdivision or boundary disputes | $85.90 |
Common Mistakes Sellers Make
- Assuming the title is clean: Many sellers assume their solicitor handled everything when they last bought or refinanced. Titles accumulate entries over time — always verify before relisting.
- Marketing before searching: Discovering a caveat or undischarged mortgage after you have accepted an offer creates stress for all parties. A $74.50 title search before listing is cheap insurance.
- Not disclosing easements: Easements that affect a buyer's intended use of the property — particularly large drainage or access easements — must be disclosed. Buyers have remedies if they discover undisclosed material encumbrances after contract.
- Ignoring infrastructure charges: Development site sellers in particular should check for registered infrastructure charges. These can amount to tens of thousands of dollars and catching them late creates settlement crises.
Key Takeaways
- Sellers in Queensland are responsible for delivering clear title at settlement — run your own title search before listing
- Common seller surprises include undischarged old mortgages, forgotten caveats, and unresolved infrastructure charges
- All easements and covenants must be disclosed in the contract of sale
- A current title search costs $74.50 and takes minutes to order
- Resolving title issues before listing is far easier than under settlement pressure
FAQ
Does a Queensland seller have to provide a title search to the buyer?
No — buyers order their own title searches as part of due diligence. However, sellers are required to disclose material encumbrances in the contract of sale. Running your own search before listing ensures you can make accurate disclosures.
What happens if a caveat appears after the contract is signed?
If a caveat appears after exchange that prevents settlement, the buyer may have grounds to rescind if it constitutes a failure to deliver clear title. The seller would be liable for any loss caused. Checking before listing prevents this scenario.
Can I sell a property with a caveat on it in Queensland?
You can contract to sell, but settlement cannot proceed while an active caveat prevents dealings. The caveat must be removed (by agreement with the caveator, by court order, or by the caveator's lapse period expiring) before the title can transfer to the buyer.
Do I need to disclose all easements when selling in Queensland?
Yes. Material easements — particularly those affecting access, building setbacks, or use of the land — must be disclosed in the contract. Your conveyancer will include these in the contract schedules based on the title search results.
How do I find my lot and plan number to order a title search?
Your lot and plan number appears on your council rates notice, your mortgage documents, and any previous contract of sale. You can also search by address through TitleFinder's property lookup tool.
Listing without checking your title is one of the most avoidable risks in a Queensland property sale. Order a current title search from TitleFinder today and enter the sale process with complete confidence in your title's status.
