Three Landgate searches tell you most of what you need to know before you sign a contract: the certificate of title, copies of anything registered against it and a property interest report. You can order all three yourself, for any property in Western Australia, even if you don’t own it.
1. The certificate of title
The title tells you who owns the property, what lot and plan it sits on and what is registered against it. Registered interests appear as a list of numbered dealings at the bottom. This includes things like memorials or easements which may affect your use of the property. The current owner’s mortgage will be discharged at settlement.
2. Copies of the registered documents
The title lists the dealings by number. It doesn’t tell you what they say. To find that out you order a copy of each one.
The ones that matter most to a buyer are:
- easements, which give someone else a right over part of the land
- restrictive covenants, which limit what you can build or how you can use the property
- caveats, which signal that someone claims an interest in the property
- memorials and notifications, which record statutory interests such as a contaminated sites classification
A covenant that bans a second storey or a sewer easement running through the back yard won’t stop the sale, but it may change what you can do with the property once it’s yours.
3. The property interest report
A property interest report pulls together interests that are not registered on the title. Planning, heritage and contamination matters sit here rather than on the title itself, so a clean title on its own isn’t the whole picture.
Who orders the searches
You can order these yourself from Landgate before you sign. Once you appoint a settlement representative, they can order the searches your settlement needs as part of the job.
The point of doing it yourself first is timing. Before you sign, what you find is a reason to negotiate or to walk away. After you sign, it’s something you have to deal with by negotiating with the seller.
What these searches won’t tell you
Landgate holds the title record, not the building record. A structure put up without a building permit doesn’t appear on a title search. Neither does an outstanding council order.
Those come from the local government, through the orders and requisitions your settlement representative obtains as part of the settlement process.
Frequently asked questions
Can I search a property I don’t own?
Yes. The Western Australian land register is public and you can order a title for any property in the state.
Do I still need searches if I am buying at auction?
More so. There are no conditions at auction, so anything you’d have used a condition to protect yourself against has to be checked before you bid.
Does a clean title mean there are no problems?
No. It means nothing is registered against the title. Unregistered interests, building approvals and council orders are all found somewhere else.
Talk to us before you sign
We act for buyers and sellers on residential and commercial property settlements across Perth and Western Australia. The searches are part of what we do.
Call the settlements team on (08) 9220 4430 or download an itemised quote for your own purchase.
Related: Help! My home has unlawful buildings
This article is general information and not legal advice. Every property transaction turns on its own facts.
