Quick Answer
A Western Australia title search shows property ownership, encumbrances, and restrictions. When checking family transfers, verify the registered dealings to confirm the transfer was correctly executed between related parties. You must also check for specific WA risks like mining interests, caveats, and green title depth limits that affect the land use.
Understanding the WA Title Search
When you order a Current Title / State Lease search through TitleFinder for $74.50 AUD, you receive the official property records for that lot. Reading the document requires checking four main areas: the land description, the registered proprietor, the encumbrances, and the dealings. Each section answers specific questions about the property's history and current status.
For buyers and conveyancers, knowing how to read title search WA documents means identifying risks before settlement. This is especially relevant for family transfer checks property title Western Australia, where related-party transactions can carry latent risks.
Family Transfer Checks on a WA Property Title
A family transfer occurs when a property changes hands between related parties, such as parents transferring a home to a child, or a transfer between spouses. While these transactions might seem straightforward, the title search reveals technical details that require verification.
Verifying the Transfer Instrument
Look at the "Dealings" section of the title. A family transfer will appear as a Transfer of Land. You need to order the specific dealing document to verify:
- Execution validity: Confirm the transfer was correctly witnessed and signed. Family transfers often involve informal execution errors.
- Consideration stated: Check if the transfer is a gift, or for a nominal amount, which impacts duty calculations.
- Associated mortgages: If the bank approved the transfer, a new mortgage or mortgage variation will lodge concurrently. Check that the mortgage details match the transfer.
Always order the transfer instrument if the family transfer is a recent dealing. This answers whether the transaction completed properly and if any caveats were lodged to protect a third party's interest in the family agreement.
Checking Title Encumbrances WA
Title encumbrances WA limit what you can do with the land. When reading the encumbrances section, identify every registered restriction.
Caveats
A caveat acts as a warning that someone claims an interest in the property. In family transfers, a caveat might exist if one spouse claims a beneficial interest despite the title being in the other spouse's sole name. You must order the caveat document to see the nature of the claimed interest and determine if it requires withdrawal before settlement.
Mining Interests
Western Australian titles frequently include mining reservations. The Crown retains rights to all minerals, and a title search will note if the state has reserved mining rights beneath the surface. In rural or regional areas, check for specific mining leases registered as encumbrances. If a mining lease exists, order the dealing to understand the access rights and compensation terms granted to the mining entity.
Green Title vs Survey-Strata vs Rural Titles
WA land types dictate different due diligence steps. The land description at the top of the title states whether the lot is a green title, survey-strata, or strata lot.
Green Title (Freehold)
A green title means standard freehold ownership with no common property. However, green titles in WA can have depth limits. The official property records might specify the title only extends to a certain depth, which restricts basement construction or underground tanks. Check the plan for any depth reservations.
Survey-Strata Titles
Survey-strata lots divide land into separate lots with common property areas, but without the built-structure requirements of a strata title. For survey-strata, order the survey-strata plan. This document answers questions about boundary walls, common driveways, and maintenance obligations for shared areas.
Rural Titles
Rural titles often carry old encumbrances like water rights, stock routes, or fencing covenants. Read the encumbrances carefully for rights of way granted to neighbouring properties or the Crown. Order any relevant easement instruments to check the exact terms of access.
WA Title Types Comparison
| Feature | Green Title | Survey-Strata |
|---|---|---|
| Common Property | None | Yes (driveways, shared areas) |
| By-Laws | None | Yes, apply to common property |
| Depth Limits | Check title for Crown reservations | Check title and strata plan |
| Document to Order | Certificate of Title / Plan | Survey-Strata Plan |
Practical Checklist: Reading a WA Title Search
Use this checklist when you receive your title search results:
- Verify the lot description: Confirm the area matches the contract. Order the plan if boundaries are unclear.
- Check the registered proprietor: Ensure the seller's name matches exactly. For family transfers, confirm the transfer was registered.
- Review encumbrances: List all caveats, easements, and covenants. Order the dealing for each to read the terms.
- Check for mining interests: Look for Crown reservations or specific mining leases, particularly on rural titles.
- Identify land type: Determine if it is green title, survey-strata, or strata. Order the corresponding plan (survey-strata plan or strata plan) to check common property.
- Review dealings: Check recent family transfers or mortgages. Order the transfer document to verify execution and consideration.
- Check depth limits: Read the first schedule for any depth restrictions that might affect future building works.
Note: Always verify title details against the contract for sale and seek professional conveyancing advice for complex encumbrances.
Frequently Asked Questions
What does a family transfer look like on a WA title search?
A family transfer appears in the "Dealings" section as a registered Transfer of Land. The document will list the transferor (family member giving the property) and the transferee (family member receiving it). You should order this specific dealing to confirm the transfer was executed correctly and check for any related mortgage variations.
How do mining interests affect a WA property title?
Mining interests can reserve rights for the Crown to explore or extract minerals below the surface, or grant specific access rights to a mining lease holder. While the Crown generally retains mineral rights across WA, specific registered mining leases on a title can restrict your ability to refuse access to the lease holder. Order the mining lease dealing to review the exact conditions.
Do I need a separate plan for a survey-strata title?
Yes. The survey-strata plan shows the exact boundaries of the lot, common property areas, and any shared structures like driveways. The title search alone does not show these spatial details. You must order the survey-strata plan to understand your maintenance obligations and the physical layout of the common property.
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.
