What To Look For When Searching the Title of a Property
In Australia, land titles are managed by state or territory-based land titles authorities. Due to its automated internal systems and processes, 89% of all certificates processed by AusSearch are processed and submitted to the relevant authorities in real time, this allows for a far quicker property certificate return.
Here are some additional points to consider when searching for the title
Title Search: Obtain a copy of the Title Search from AusSearch. This document provides details about the property, including ownership information and any encumbrances.
Property Ownership: Confirm the current owner’s details on the Title Search and ensure they match the information provided.
Encumbrances and Easements: Check for any encumbrances, such as mortgages or caveats, which could impact the property’s ownership rights. Identify any easements on the property, specifying the rights others may have over the land.
Caveats: Also recorded on the title are any caveats. These are records of interest in the property that can restrict dealings. Caveats are lodged against the property and these may indicate a third party’s interest or claim on the land.
Covenants and Restrictions: Investigate any restrictive covenants that may impact the use of the property. Covenants are lodged against the title and outline how the property can, or can’t, be used. They include things like, limits on the size of the building, restrictions on building within a certain building envelope, restrictions on using certain building materials or requirements to maintain stormwater systems.
Additionally, any mortgages relating to the property will be listed on the title.
The name of the institution or individual who has lent the money will be named and recorded on the title.
