A title search is an essential step in any property transaction in New South Wales (NSW). Whether you are buying, selling, or refinancing a property, conducting a title search ensures you understand the legal ownership and any restrictions on the land.

This article explains what a title search is, what information it provides, and how you can obtain one in NSW.

What is a Title Search?

A title search is an official record from the NSW Land Registry Services (NSW LRS) that shows the current ownership details and legal interests affecting a parcel of land or property. It is an official snapshot of the Certificate of Title, which is the legal document that proves who owns the property.

In NSW, property ownership is registered under the Torrens Title System, meaning the government guarantees the title record's accuracy. A title search ensures the buyer or interested party is fully aware of any restrictions, mortgages, or claims on the property.

What Information Does a Title Search Show?

1. Property Details – Legal description (Lot and Deposited Plan number).
2. Current Registered Owner(s) – Name(s) of the current owner(s).
3. Mortgages or Encumbrances – Details of any mortgage, caveat, or claim lodged against the property.
4. Easements and Covenants – Any rights of way, drainage easements, or usage restrictions affecting the land.
5. Notices or Writs – Government notices, court orders, or other restrictions.
6. Dealings – Any registered dealings or historical changes to ownership.

Why is a Title Search Important?

• Confirms Ownership – Ensures the seller is the legitimate owner.
• Reveals Liabilities – Identifies any mortgages, caveats, or legal claims.
• Highlights Restrictions – Shows easements, covenants, or zoning conditions that might affect property use.
• Avoids Legal Risks – Prevents disputes and ensures clear transfer of property ownership during settlement.

When Do You Need a Title Search in NSW?

You will typically need a title search when:

• Buying a Property – To confirm the seller’s ownership and check for encumbrances.
• Selling a Property – To prepare the Contract for Sale (as vendor disclosure documents require a title search).
• Refinancing or Taking a Mortgage – Lenders often require a current title search.
• Conducting Due Diligence – For property developers or buyers seeking to verify restrictions.

How to Get a Title Search in NSW

Title searches in NSW can be obtained through:

• NSW Land Registry Services (NSW LRS) – The official source of property title records.
• Online Information Brokers – Licensed providers who access NSW LRS data (fees apply).
• Your Solicitor or Conveyancer – Legal professionals can request an official title search as part of the conveyancing process.

Cost: A standard title search from NSW LRS typically costs around $15–$25, depending on the provider.

What is the Difference Between a Title Search and a Certificate of Title?

• Title Search: A current, up-to-date extract of ownership and legal interests from the NSW Land Registry.
• Certificate of Title: A formal ownership record (previously a paper document but now electronic under e-Conveyancing laws).

A title search effectively reflects the information found on the Certificate of Title at a given point in time.

FAQs About Title Searches in NSW

1. How long does a title search take?
   An online title search through NSW LRS or an information broker is usually instant once payment is made.
2. Do I need a title search when buying property?
   Yes. It confirms the seller’s ownership and any restrictions or claims over the property.
3. Can I do a title search myself?
   Yes, you can order a title search directly via the NSW Land Registry Services website or through licensed brokers.
4. What does a caveat mean on a title search?
   A caveat is a legal claim that prevents the property from being sold or transferred without the caveator’s consent.
5. Is the title search included in the contract of sale?
   Yes. In NSW, the vendor must include a current title search as part of the vendor disclosure documents.

Final Thoughts

A title search is an essential step in property due diligence in NSW. It ensures you have a clear understanding of ownership, mortgages, easements, and any legal claims affecting the property. Always obtain an official title search before entering a contract, and consult a qualified solicitor or conveyancer for expert advice.

Disclaimers

Legal Disclaimer: This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.

General Disclaimer: This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.