Quick Answer
A property title search VIC reveals caveats, covenants, mortgages, easements, and owners corporation details that could restrict how you use or develop the property. Before settlement, order a current title search and cross-reference every encumbrance listed against the vendor's Section 32 statement. Any mismatch is a red flag that must be resolved before you commit.
Why Your Title Search Matters Before VIC Settlement
In Victoria, the vendor must provide a Section 32 vendor statement disclosing key property details before a contract is signed. But the Section 32 is only as reliable as the vendor's preparation. A separate title search Victoria gives you an independent snapshot of what is actually registered on title at that point in time — the definitive record of who owns the property and what burdens it carries.
Settlement proceeds on the basis that you receive clear title, or title subject only to encumbrances you have agreed to accept. If a caveat or covenant surfaces after settlement that you were not aware of, resolving it becomes your problem. That is why property due diligence VIC starts with the title.
The Buyer's Verification Checklist
Work through each item below. If anything does not match the Section 32 or your contract conditions, raise it with your conveyancer immediately.
1. Confirm the Registered Proprietor
The title search shows the current registered owner or owners. Check that the name matches the vendor on the contract of sale. If the title shows different owners — for example, a deceased estate, a company, or additional co-owners not listed on the contract — this can delay or void settlement.
2. Check for Caveats
A caveat is a statutory notice that someone claims an interest in the property. Common caveats include those lodged by beneficiaries under a will, former spouses, or creditors. A caveat does not always prevent settlement, but it must be dealt with. If a caveat appears on the title that is not disclosed in the Section 32, investigate before proceeding.
3. Identify Covenants and Restrictions
Covenants are binding obligations recorded on title. In Victoria, restrictive covenants are common in established suburbs and new subdivisions — they can limit fencing materials, building height, dwelling numbers, or require specific aesthetic approvals. Read every covenant carefully. A covenant that prohibits a second dwelling may end your development plans entirely.
To read the full covenant text, order the relevant instrument or dealing number shown in the encumbrances section of the title.
4. Review Owners Corporation Details
For strata and many subdivision properties, the title references an owners corporation. This means you will be a member and liable for fees, levies, and compliance with OC rules. Check:
- Which owners corporation layer applies — some properties have multiple, such as a building OC and a separate infrastructure OC in subdivisions.
- Whether the OC has any active disputes, special levies, or pending major works.
- That the OC certificate provided in the Section 32 is current and complete.
5. Verify Easements
Easements grant others the right to use part of your land — for drainage, vehicle access, or utility services. They reduce your exclusive use and can restrict where you build. Confirm the location and purpose of every easement, and check whether the Section 32 accurately describes them. If an easement exists on title but is not mentioned in the Section 32, that gap needs explanation.
6. Check Mortgages and Charges
Any registered mortgage must be discharged at settlement. The title search lists all registered mortgages and charges. Confirm these will be cleared — your conveyancer should verify the vendor's lender has agreed to discharge.
7. Confirm Plan and Subdivision Details
The title references a plan of subdivision by lot and plan number. For newly subdivided land, verify the plan is fully registered, not just in draft. If the plan is not registered, the lots may not exist as separate titles yet, which can delay settlement. Order the plan of subdivision document to confirm lot dimensions, common property boundaries, and easement locations.
8. Cross-Reference Everything with the Section 32
The Section 32 should reflect every encumbrance shown on title. Compare item by item. Any omission or discrepancy is a due-diligence failure you need to address before settlement, not after.
When to Order Additional Documents
A current title search gives you the register snapshot. But some questions need the underlying documents:
- Plan of subdivision — when you need to see lot boundaries, common property, or easement locations. Order this alongside your title search for any strata, townhouse, or newly subdivided property.
- Instrument or dealing copy — when a covenant, caveat, or easement is listed but you need the full terms. The title shows the reference number; the instrument contains the actual text and conditions.
- Historic title copy — rarely needed for current transactions, but useful if you are investigating how an encumbrance was created or whether a restriction is still enforceable.
What to Check and Where to Find It
| Question | Document to Order |
|---|---|
| Who owns the property? | Current title search |
| Is there a caveat registered? | Current title search |
| What does the covenant actually say? | Instrument or dealing copy |
| Where are the easements located? | Plan of subdivision |
| Are there owners corporation layers? | Current title search + OC certificate |
| Is the subdivision plan registered? | Current title search + plan of subdivision |
| Does the Section 32 match the title? | Title search compared to Section 32 |
Frequently Asked Questions
How much does a title search cost in Victoria?
Through TitleFinder, a current title and state lease search for a Victorian property is $74.50 AUD. Additional documents such as plans and instrument copies are ordered separately.
When should I order the title search?
Order your title search as early as possible — ideally before you sign, or immediately after. The earlier you identify issues, the more time you have to negotiate or withdraw. Many buyers order a second search shortly before settlement to confirm nothing new has been registered in the interim.
What if the Section 32 does not mention a covenant on the title?
This is a significant discrepancy. The vendor is required to disclose all encumbrances in the Section 32. An undisclosed covenant may give you grounds to terminate the contract or negotiate a price reduction. Raise it with your conveyancer immediately — do not proceed to settlement without resolving it.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- VIC Title Search — $69.90
- VIC Imaged Plan — $85.90
- VIC Instrument — $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.