Buying commercial property in South Australia carries risks that a standard title alone will not fully reveal. Encumbrances, easements, community title by-laws, and heritage restrictions can all limit how you use a site or add ongoing costs. This checklist explains what to check, which documents answer which questions, and when to order extra plans and dealings.
Quick answer
A property title search SA for commercial property shows registered ownership, encumbrances, easements, and any notations on the title. But the one-line entries on a title are summaries. To understand your actual obligations, you also need the instruments, plans, and — for community titles — the scheme by-laws. This guide sets out what to order and what to look for, step by step.
How Torrens title works in SA
Most freehold commercial land in SA operates under the Torrens title system. The register is generally definitive: what is recorded binds the owner. This is a strength, but it also means that anything on the register — an encumbrance, an easement, a heritage notation — attaches to the land and transfers to you on settlement.
The title does not tell you the full story on its own. Each registered interest has a behind it that sets out the actual conditions. If you rely on the title entry alone, you risk missing a restriction that prevents your intended use or imposes costs you did not expect.
Encumbrances: read the instrument
An encumbrance registered on a SA commercial title can restrict building height, materials, permitted uses, or require you to maintain shared infrastructure. Common types include:
- Restrictions on building height, setbacks, or facade treatments
- Positive covenants requiring the owner to maintain driveways, drainage, or landscaping
- Rights of first refusal or buy-back clauses in favour of a previous owner or developer
- Contribution requirements for shared services or private roads
The title entry for an encumbrance is a short reference. It will not tell you whether the restriction is minor or deal-breaking. Always order the dealing or instrument document for every encumbrance listed. Read the conditions. Check whether they expire, whether they bind successors in title, and whether they can be varied or removed.
Easements: benefit or burden?
Easements on SA commercial titles commonly include utility easements for water, sewer, electricity, and telecommunications; rights of way for neighbouring properties; and carriageway easements through carparks or laneways.
For each easement, answer two questions: Does this property benefit from the easement, or is it burdened by it? And does the easement reduce usable area, restrict where you can build, or allow third parties to access the site in ways that disrupt operations?
The plan shows the physical location of easements. The instrument describes the rights and obligations. Order both before you commit.
Community titles: check the by-laws and lot entitlements
SA community titles divide land into lots and common property, governed by a community corporation. Commercial community titles are common in shopping centres, mixed-use developments, and business parks. Key checks:
- Your lot entitlement determines your share of common property costs — confirm the ratio before assuming your outgoings
- The corporation can levy contributions for shared areas: carparks, driveways, services, insurance
- By-laws may restrict signage, trading hours, permitted use types, and even fitout standards
- Check the corporation's financial statements and meeting minutes for outstanding disputes or special levies
Order the community scheme articles and by-laws, not just the lot title. The corporation rules often have more day-to-day impact on your business than the title itself.
Heritage areas and heritage agreements
Heritage-listed commercial properties, or properties within SA heritage areas, face restrictions that can affect renovation, demolition, signage, and even paint colours. A title search may show a heritage agreement or heritage notation. These can:
- Prohibit demolition or subdivision
- Require specific materials and methods for repairs and alterations
- Limit external signage or facade changes
- Add time and cost to any development application
If heritage appears on the title, order the heritage agreement or relevant instrument. Do not assume you can renovate or redevelop without checking the specific conditions.
Which document answers which question
| Document | What it tells you | When to order |
|---|---|---|
| Current title | Registered owner, title type, all registered interests (encumbrances, easements, mortgages, caveats, heritage notations) | Always — this is your starting point |
| Plan (deposited plan or community plan) | Boundaries, lot dimensions, easement locations, common property areas | Always for commercial — boundaries and access matter |
| Encumbrance / easement instrument | Full terms, conditions, obligations, and expiry details for each interest | Whenever an encumbrance or easement appears on the title |
| Community articles and by-laws | Scheme governance, permitted uses, contributions, dispute resolution | When buying a community title lot |
| Heritage agreement | Specific heritage obligations, restricted works, maintenance requirements | When a heritage notation appears on the title |
SA commercial property title checklist
Work through these items before exchange:
- Order a current title search ($74.50 AUD through TitleFinder)
- Confirm title type: Torrens title, community title, or state lease
- Order the plan — verify boundaries, easement locations, and lot dimensions against what you see on site
- List every encumbrance, caveat, and easement on the title
- Order each encumbrance instrument — read the full conditions
- For each easement, confirm whether the property is benefitted or burdened, and identify any area or access impact
- For community titles: obtain articles, by-laws, and lot entitlement schedule; review corporation finances and minutes
- Check for heritage notation — order the heritage agreement if one exists
- Compare the plan against a physical site inspection: do fence lines, buildings, and carpark areas align with the registered boundaries?
- Ask your conveyancer to verify no recently lodged but unregistered interests affect the title
Short caveat
This guide covers common title search considerations for SA commercial property. It is general information, not legal advice. Consult your conveyancer or solicitor for advice specific to your transaction.
Frequently asked questions
What does a property title search SA cost?
A current title or state lease search through TitleFinder is $74.50 AUD. Additional documents — plans, dealings, instruments, community by-laws — are available separately and priced by document type.
Is the title enough for commercial due diligence?
No. The title lists registered interests, but each entry is a short reference. The encumbrance instruments, easement documents, community by-laws, and heritage agreements contain the actual conditions that affect your use and costs. Always order the supporting documents for every interest listed on the title.
What is the difference between a Torrens title and a community title in SA?
A Torrens title covers a single parcel with no shared governance structure. A community title divides land into lots and common property managed by a community corporation. For a commercial buyer, community titles add corporation fees, by-laws restricting use and signage, and shared maintenance obligations that a Torrens title does not have.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- SA Title Register Search — $74.50
- SA Plan Image — $85.90
- SA Dealing Details — $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.
