Quick Answer: A property title search TAS retrieves the current title, which lists registered easements, covenants, and restrictions affecting the land. To fully understand easement dimensions and terms, buyers must also order the associated plan or instrument. A Current Title / State Lease search through TitleFinder costs $129.00 AUD and provides the foundational document for checking these interests before you commit to a purchase.
Tasmanian Easement Checklist for Buyers
When reviewing official property records in Tasmania, identifying easements early prevents issues after settlement. Work through this checklist:
- Easement listings on the title: The title schedule will state the type of easement (such as right of way, drainage, or support) and reference the specific plan or instrument number. Verify every entry.
- Plan of survey: Order the deposited plan referenced in the easement. The title tells you an easement exists; the plan shows the exact physical location and dimensions of the burdened land.
- Covenants and restrictions: Check for restrictive covenants or heritage overlays. These dictate what you cannot do on the land, such as building height limits or material restrictions common in Tasmanian residential zones.
- Strata scheme by-laws: For units, order the strata plan to identify common property easements and exclusive use by-laws. This determines who maintains shared driveways or garden areas.
- Historic title issues: Older titles might contain references to historical easements or rights that have since been altered, varied, or extinguished. Ordering the historical dealing clarifies the current enforceability of these rights.
Local Risk Notes: Tasmanian Property Titles
Right of Way
Many Tasmanian properties, particularly older inner-city homes in Hobart or semi-rural blocks throughout the south, rely on a right of way for vehicle access. If the title grants a right of way over a neighbour's land, check that the physical access on the ground matches the registered plan. A title search Tasmania will reveal the easement, but you must order the related deposited plan to confirm the width and length of the carriageway. Failure to do so could mean your vehicle does not legally fit down the existing laneway.
Heritage Restrictions
Tasmania has a high concentration of heritage-listed properties. A property title search TAS will often show a heritage covenant or agreement registered directly on the title. This legally restricts alterations to the facade, roof, or even interior structural elements. If a heritage easement or covenant exists, order the associated instrument number to read the specific obligations and restrictions. Ignoring these restrictions can halt renovations and result in costly rectification orders.
Rural Boundaries
For rural or semi-rural properties, boundary easements for water supply, power lines, or neighbour access are standard. Rural boundaries in Tasmania can sometimes differ from physical fence lines. A physical fence might sit inside or outside the registered boundary, potentially encroaching on an easement. Verify the easement location by ordering the plan referenced in the title schedule. This ensures no existing sheds, tanks, or dams are built over a water or drainage easement, which could require demolition.
Strata and Unit Titles
Strata titles in Tasmania include easements for common property, such as driveways, shared plumbing, and stairwells. When conducting property due diligence TAS for a unit, do not rely on the individual unit title alone. Order the strata plan and search the parent title to understand which easements service the block and which common property the body corporate is obligated to maintain. This clarifies ongoing maintenance costs.
Historic Title Issues
Tasmania operates on both the Torrens system and older historical titles. If a property has not been converted to a modern title, easements may exist based on long-standing use or old dealing numbers. A title search Tasmania will flag these older interests, but you may need to order the historic dealing to understand the exact terms of the right and whether it still applies under current property law.
What to Order for Each Easement Type
| Interest Found on Title | Document to Order | What It Confirms |
|---|---|---|
| Right of Way (Plan reference) | Deposited Plan | Physical dimensions, location, and width of the access way. |
| Drainage / Water Easement | Deposited Plan | Pipe locations and maintenance responsibilities. |
| Heritage Covenant (Instrument number) | Dealing / Instrument | Specific building restrictions and obligations. |
| Strata Common Property Easement | Strata Plan | Shared areas, exclusive use by-laws, and unit entitlements. |
| Old System Easement | Historic Dealing | Historic terms of use and whether it remains enforceable. |
Always verify your findings with a qualified conveyancer or legal professional. Title documents outline the registered interests, but professional advice ensures you understand the practical impact on your intended use of the land.
Frequently Asked Questions
Does a title search Tasmania show unregistered easements?
No. Official property records only display registered easements and interests. Unregistered or implied easements, such as those arising from long-term continuous use without a formal document, may exist but will not appear on the title. These require separate legal investigation by your conveyancer.
How much does a Tasmanian title search cost?
A Current Title / State Lease search through TitleFinder costs $129.00 AUD. This provides the current title details, including all registered easements, covenants, and references to the relevant plans or instruments needed for your due diligence.
What happens if a structure is built over a registered easement?
If a shed, fence, or extension encroaches on a drainage or right of way easement, the authority or neighbour benefiting from the easement can legally require its removal. Ordering the deposited plan during your property due diligence TAS shows the exact easement footprint to help you avoid purchasing a property with costly encroachments.
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.
