WA Pre-Settlement Title Search Checklist: Verifying Title Before Settlement Day

Quick Answer

A pre-settlement title search in WA confirms the seller still holds the right to transfer, flags any new or unresolved encumbrances, and reveals tenure-specific risks — particularly green title vs survey-strata differences, mining reservations, caveats and rural conditions. Order your Current Title search early enough to resolve problems before settlement day.

Why Pre-Settlement Checks Differ From Pre-Offer Checks

Between making an offer and settlement, the register can change. New caveats may be lodged. Mortgage discharges may not yet be recorded. A property title search WA done at the pre-settlement stage confirms the current state of official property records — not the state when you first inspected the property. Skipping this step means you could settle with encumbrances you did not account for.

What a Current Title Search Shows

A Current Title / State Lease search from official property records in WA returns:

  • Registered proprietor(s)
  • Title tenure type (green title or survey-strata)
  • All registered encumbrances: mortgages, caveats, easements, restrictive covenants
  • Crown reservations, including mineral rights
  • Plan reference and volume/folio identifier
  • Any state lease conditions (for Crown leasehold land)

Through TitleFinder, a Current Title / State Lease search costs $74.50 AUD and is delivered electronically.

Pre-Settlement Buyer Checklist

1. Confirm the Seller Is the Registered Proprietor

Match the registered proprietor names on the title against the seller named in the contract of sale. If the title shows joint proprietors, all must be parties to the sale. A discrepancy here stops settlement.

2. Identify Green Title vs Survey-Strata Tenure

WA uses two main freehold tenure forms. The title document itself states which applies, and each carries different obligations:

Feature Green Title Survey-Strata
Tenure type Traditional freehold lot Lot on a survey-strata plan
Common property None — sole ownership of lot May exist — shared with other lot owners
Scheme obligations None Potential contributions and by-laws
Plan document Deposited plan Survey-strata plan (check boundaries and common property areas)

If the title is survey-strata, order the survey-strata plan to confirm lot boundaries, common property areas, and any scheme obligations.

3. Check for Mining Interests and Crown Reservations

In WA, the Crown frequently reserves mineral rights. A title search Western Australia will show reservations or conditions indicating that another party holds mining or prospecting rights over the land. This is especially common in rural and semi-rural areas. If the title references a reservation, order the associated instrument to read the exact terms — some reservations affect surface access, not just subsurface rights.

4. Review Caveats

A caveat signals a third party claims an interest in the property. Before settlement, confirm whether each caveat will be withdrawn by the caveator or requires court action to remove. An unresolved caveat can prevent registration of the transfer. If a caveat appears that was not present at pre-offer stage, investigate immediately.

5. Examine Easements and Restrictive Covenants

Easements grant rights over your land — drainage, vehicle access, power lines. Restrictive covenants limit what you can do — single dwelling only, no subdivision. Match each registered encumbrance to its referenced plan or instrument number. If an easement cites a deposited plan, order that plan to see the physical alignment on the ground.

6. Confirm Mortgages Will Be Discharged

If a mortgage appears on title, your conveyancer must verify the seller's lender will lodge a discharge before or at settlement. The title search shows what is registered today; a discharge that has been lodged but not yet processed will still appear as an active encumbrance. Follow up with the seller's representative to confirm timing.

7. Rural Title Specifics

Rural titles in WA may carry additional notations: water access licences, stock route reserves, native title-related encumbrances, or unmade roads. Check for any reference to roads, reserves or rights-of-way that reduce the usable area of the holding. If the title is a state lease rather than freehold, review the lease conditions — term, rent review dates, and any improvement requirements.

When to Order Additional Documents

A Current Title search is the base. Order supplementary documents when:

  • The title references a survey-strata plan → order the plan to check lot boundaries and common property
  • An easement or covenant cites an instrument number → order that dealing/instrument for the full terms
  • Mining or Crown reservation text is abbreviated on title → order the related instrument
  • You need to understand a caveat's basis → order the caveat document

Property due diligence WA is incomplete if you only read the title summary. The instruments and plans behind each registered encumbrance contain the details that affect your use of the land.

Frequently Asked Questions

How close to settlement should I order the pre-settlement title search?

Order early enough to resolve any issues — typically one to two weeks before settlement. If a new caveat has appeared, or a discharge has not yet been registered, you need time to act. Ordering on settlement day itself leaves no room to fix problems.

Can a property title search WA show unregistered interests?

No. A title search only shows what is registered on official property records. Unregistered interests — such as a contract for sale, an unregistered lease, or an equitable mortgage — will not appear. For those, rely on contract disclosures and vendor statements.

What happens if a caveat remains on title at settlement?

The transfer cannot be registered while a caveat blocks it. Settlement will typically be delayed until the caveat is withdrawn by the caveator or removed by court order. Your conveyancer should negotiate a timeline with the seller's representative well before settlement day.

Order the right TitleFinder document

Use this guide as a reference, then order the actual record that answers your question:

If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.


Browse title search guides by state

Compare practical property title search guidance across Australia:


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.

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