Every Queensland property transaction involves a title search. Most come back clean. But every so often, one arrives with something that makes a buyer stop and think. Caveats, covenants, easements, charges — these aren't necessarily deal-breakers, but they matter. Here are ten red flags commonly found on Queensland title searches and what they mean for your purchase.
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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.
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Not sure which document fits? Start with the current title search, then add the plan or instrument if the title points to one.
1. Caveat
A caveat is a warning that someone claims an interest in the property. It prevents dealing with the title until removed. Why it matters: An unregistered caveat (often from a previous owner or a creditor) can block your settlement. What to do: Ask the vendor's conveyancer to remove it before settlement, or negotiate a price reduction if it affects your intended use.
2. Mortgage
The property has an existing mortgage registered. This is common but must be addressed at settlement. Why it matters: The mortgage must be discharged as part of your purchase. What to do: Your conveyancer coordinates with the vendor's lender. Ensure the payout figure is confirmed and funds are held in trust until discharge is registered.
3. Easement
An easement gives someone else a right to use part of your land — for drainage, access, or utilities. Why it matters: You cannot build in the easement area without approval. What to do: Confirm the easement location on the survey plan. If it affects your building plans, factor in the cost of relocation or council approval.
4. Covenant
Covenants are conditions that run with the land — often building design rules or use restrictions. Why it matters: A covenant can prevent you from building a secondary dwelling, renovating, or using the property commercially. What to do: Read the covenant document (order a Dealing Instrument $91.80 AUD if needed). Negotiate with the covenantee to release or modify if it constrains your plans.
5. Charge (Infrastructure or Special)
Charges include infrastructure charges (council works), builder's liens (unpaid construction debts), or other statutory charges. Why it matters: Some charges transfer to the new owner. What to do: Confirm which charges are outstanding. Your conveyancer should obtain a Rates and Charges clearance from council.
6. Lease (Registered)
A registered lease means someone has legal occupation rights — commercial or residential. Why it matters: You may be buying a property with a tenant in place. What to do: Verify lease terms, expiry date, and rent. Decide whether to honor the lease or negotiate termination.
7. Writ of Enforcement
A court-registered writ gives a creditor rights over the property. Why it matters: This indicates the owner has a judgment debt. What to do: Your conveyancer should confirm the writ will be cleared at settlement. If not, you may need to withhold funds or walk away.
8. Forestall / Priority Notice
A Priority Notice protects a buyer before settlement — preventing the vendor from dealing with other buyers. Why it matters: If you're buying and the vendor has accepted another offer, this can create competing claims. What to do: Your conveyancer registers a Priority Notice on your behalf to protect your interest.
9. Native Title Claim
Native title claims can exist over freehold land — indicating unresolved Indigenous land claims. Why it matters: While uncommon on established titles, it can affect future use. What to do: Your conveyancer can order a title search with native title status noted. For most urban properties, this is not an issue.
10. Flood-affected Notation
Queensland titles don't typically flag flood damage, but a property's flood history shows in other searches. Why it matters: Properties in flood zones face insurance and repair risks. What to do: Order a Flood Overlay search through council. Don't rely on the title search alone.
How to Handle Red Flags
Most title issues are solvable with the right conveyancer and enough time before settlement. The key is ordering your title search early — at least 2-3 weeks before settlement — so there's time to investigate and resolve issues.
TitleFinder delivers Queensland title searches online in minutes. Order early, read carefully, and escalate anything unusual to your conveyancer before it's too late.
Prices
- Current Title search: $74.50 AUD
- Historical Title search: $86.50 AUD
- Image of Certificate of Title (pre-1994): $76.90 AUD
- Dealing Instrument (covenant/easement documentation): $91.80 AUD
- Survey Plan image: $85.90 AUD
Don't let a red flag on your title search surprise you. Order early, read carefully, and your property purchase will proceed smoothly.