Quick Answer
A property title search WA before settlement confirms the seller holds the right to transfer the property, detects new caveats or mortgages, and identifies WA-specific risks like mining interests or survey-strata by-laws. Order a current title search and review all listed instruments before settlement day.
Why Check the Title Right Before Settlement
Property due diligence WA does not stop at the initial offer. The period between making an offer and settlement is high-risk. Sellers facing financial distress might take out new mortgages. Contractors unpaid for renovations might lodge caveats. A pre-settlement title search Western Australia captures these changes. Relying on an old search leaves you exposed to inheriting someone else's debt or legal disputes.
Pre-Settlement Title Search Checklist
When you order your title search through TitleFinder, work through this checklist against the official property records:
- Registered Proprietor: Match the seller's names on the contract of sale exactly to the registered proprietors on the title. A mismatch can delay settlement.
- Mortgages: Identify any registered mortgages. These must be discharged at settlement. Confirm with your conveyancer that discharge figures have been requested.
- Caveats: A caveat signals a third-party interest in the property. Read the caveat instrument to understand the claim. Caveats must be withdrawn or negotiated before settlement.
- Easements: Look for drainage, sewerage, or right of carriageway easements. Order the dealing instrument to read the exact terms, especially for shared driveways on battle-axe blocks.
- Restrictive Covenants: Check for building material or design restrictions. Order the instrument to read the exact limitations, which can affect future renovations.
- Title Type: Verify if the property is a standard green title or a survey-strata title. This dictates what additional plans you need to order.
- Mining Interests: Check for any underlying mining leases or prospecting licences. Order the instrument to determine if surface rights are affected.
- Rural Considerations: For rural titles, look for stock route easements, water corporation rights, or old fencing covenants. Order the dealing instruments to understand your maintenance obligations.
Green Title vs Survey-Strata
In WA, understanding the title type is a core part of property due diligence. The comparison below outlines the key differences and what you must check.
| Feature | Green Title (Freehold) | Survey-Strata Title |
|---|---|---|
| Common Property | None | Shared areas (e.g., driveways, common walls) |
| By-Laws | None | Enforceable rules for lot owners |
| Boundary Definition | Defined by lot and deposited plan | Defined by survey marks on the survey-strata plan |
| Depth Limitation | Check for depth restrictions on the title | Check for depth restrictions on the title |
| Documents to Order | Current title, plus any listed dealing instruments | Current title, survey-strata plan, by-laws, plus dealing instruments |
WA Specific Risks: Mining and Rural Titles
Mining Interests
WA has a long history of mining activity. A property title search WA might reveal a mining lease or prospecting licence registered over the land. Even on residential suburban blocks, legacy mining interests can exist. The title search will show the reference number, but you must order the specific dealing instrument to understand the terms. The instrument will detail whether the holder has surface access rights or if their rights are restricted to sub-surface minerals.
Rural Titles
Rural titles often carry unique encumbrances absent in city properties. Check for easements granting access to water infrastructure, stock routes, or government reserves. Rural titles may also have older, broad fencing covenants. Order the dealing instrument for each encumbrance to clarify your boundary maintenance obligations and whether you must allow livestock to cross the land.
When to Order Plans and Dealing Instruments
A current title search lists the registered encumbrances, easements, and type of plan, but it does not include the full text of those documents. You need to order additional documents when:
- Easements are listed: Order the dealing instrument to see the exact location of drainage or sewerage infrastructure and access rights.
- Caveats are listed: Order the caveat instrument to read the claimant's exact interest and determine if it can be settled before property transfer.
- Survey-Strata is noted: Order the survey-strata plan to view lot boundaries, common property boundaries, and any by-laws affecting the property.
- Mining interests are listed: Order the mining instrument to verify if surface access is granted and understand your rights as the landowner.
Ordering these at the start of your conveyancing period gives you time to resolve issues before settlement.
Order Your WA Title Search
You can order your Current Title / State Lease search through TitleFinder for $74.50 AUD. The search retrieves the official property records directly from the state registry, giving you the current registered proprietor, encumbrances, and plan references needed to complete your pre-settlement checks.
Note: This guide provides practical due-diligence steps. Consult your conveyancer or legal advisor for advice on how title issues affect your specific contract.
Frequently Asked Questions
Can a mining interest stop a WA property settlement?
A mining interest registered on the title usually does not prevent the property transfer from settling. However, it can severely restrict your use of the land. You must order the dealing instrument to see if the mining lease grants surface access to third parties, which could impact your building plans or privacy.
When should I order a pre-settlement title search?
Order an initial search as soon as your offer is accepted or during the cooling-off period to identify major issues. Order a final search a few days before settlement to catch any newly registered caveats, mortgages, or caveats that the seller may have lodged during the conveyancing period.
Do I need a survey-strata plan for a green title?
No. A green title (standard freehold) does not have a survey-strata plan or by-laws. You only need to order the survey-strata plan if the title search identifies the property as a survey-strata scheme. For green titles, you only need to order the deposited plan if you need to verify specific boundary dimensions.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- WA Title Search — $79.90
- WA Survey Search — $85.90
- WA Document Search — $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.