Quick Answer
Sellers in Western Australia must provide accurate title details in their disclosure documents. A property title search WA verifies ownership, encumbrances, and land type. Buyers and conveyancers use this data to conduct property due diligence WA, checking for green title boundaries, survey-strata common property, mining interests, caveats, and rural restrictions before making an offer.
Seller Disclosure Obligations in WA
When selling a property in Western Australia, the seller must complete disclosure statements outlining title details, easements, and restrictions. Inaccurate or incomplete disclosure can allow the buyer to terminate the contract or delay settlement. Ordering a title search Western Australia through TitleFinder provides the exact details from official property records, ensuring your disclosure matches the register. A Current Title / State Lease search is $74.50 AUD and delivers the information needed to complete seller disclosure forms accurately.
Buyer's Disclosure Checklist: What to Verify
Buyers, conveyancers, and developers reviewing a seller's disclosure should verify the following items against the title:
- Confirm the registered proprietor matches the seller.
- Identify the title type (Green Title, Survey-Strata, Strata).
- Check for easements, restrictions, and covenants.
- Search for caveats, writs, or court orders.
- Verify mining interests or reservations.
- Review rural title conditions and water rights.
Green Title vs Survey-Strata
A "green title" in WA indicates standard freehold ownership of a defined lot, meaning the owner holds the land exclusively without shared common property. A survey-strata title applies when a block is subdivided but may share common property, such as a shared driveway, without being a built strata complex. Buyers must check the survey-strata plan to understand their proportion of maintenance obligations for common property. If the title is survey-strata, order the survey-strata plan to clarify boundaries and common property areas.
Mining Interests
Western Australia's resource sector means mining interests frequently appear on property titles. The state government often retains mineral rights, meaning a freehold title does not guarantee ownership of subsurface minerals. Look for specific mining tenements or reservations under the "Encumbrances" or "Notifications" section. If a mining lease or exploration license exists over the property, it can override surface rights, granting third parties access to the land. Buyers must understand these rights before proceeding.
Caveats
A caveat is a formal notice lodged by a third party claiming an interest in the property. Commonly lodged by financiers, builders, or former spouses, a caveat prevents the seller from transferring the title until the claim is resolved. Sellers must arrange for caveats to be withdrawn or resolved prior to settlement. For buyers, discovering a caveat during property due diligence WA means demanding the seller clear the title or adjusting the offer to account for the risk.
Rural Titles
Rural and regional titles in WA often carry historical conditions. These can include water rights, grazing licenses, or unspecified easements allowing neighboring properties access. Check for native title notifications, particularly on larger acreage or former crown land. Rural titles may also lack modern boundary surveys, making it necessary to order the deposited plan to confirm the exact dimensions of the property.
Title Documents Comparison
| Document / Search | What It Answers | When to Order |
|---|---|---|
| Current Title / State Lease search ($74.50 AUD) | Who owns the land; what encumbrances, caveats, or mining interests are currently registered. | Before listing the property or making an offer. |
| Deposited Plan / Survey-Strata Plan | Where are the exact boundaries; what areas are common property; where are easements located physically. | When boundaries, common property, or easement locations are unclear. |
| Dealing / Instrument | What are the specific terms, conditions, or restrictions of an easement, covenant, or caveat. | When an encumbrance listed on the title requires detailed explanation. |
When to Order Plans, Dealings, and Instruments
The initial property title search WA confirms the existence of an encumbrance, but it does not provide the full terms. If the title lists a restrictive covenant, easement, or caveat, order the specific dealing or instrument. This document outlines the exact rules—such as building height restrictions, materials allowed, or right-of-carriageway terms. For any survey-strata or green title property where a physical boundary is in dispute, or where fences do not align with the title, order the deposited plan to confirm the pegged boundaries against official property records.
This article is for informational purposes. Always consult a qualified conveyancer or legal professional for specific transaction advice.
Frequently Asked Questions
What is the difference between a green title and a survey-strata title in WA?
A green title is a standard freehold title for a single standalone block with exclusive ownership. A survey-strata title applies to a subdivided lot that may share common property, such as driveways, without being part of a built strata complex.
How do mining interests affect a WA property title?
Mining interests registered on a title mean another party holds rights to explore or extract minerals. This can restrict the owner's surface rights and may permit third-party access to the property for mining activities.
Why would a seller order a title search before listing?
Sellers order a title search to ensure their disclosure documents match official property records. Identifying and resolving incorrect names, caveats, or undisclosed easements before marketing the property prevents contract delays and buyer termination.
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.
