A Checklist for Reviewing Title Search Results

A title search is one of the first documents your conveyancer orders once you are under contract, and it forms the basis for much of the due diligence that follows. It confirms who legally owns the property and reveals anything registered against the title that could affect your rights as the new owner. In most states, ownership recorded on the register carries a state government guarantee, as explained on the NSW Registrar General's title guarantee page, which is part of why the title search carries so much weight in the settlement process. Understanding what the search actually shows helps you ask better questions and recognise when something needs a closer look before settlement.

Confirm the Registered Proprietor Matches the Seller

The first thing to check is that the name or names on the title match the seller named in the contract of sale. Any discrepancy, even a minor spelling difference or an outdated name following a marriage or company restructure, needs to be explained and resolved before settlement. If the property is owned by a company or trust, confirm the entity named on the title is the same one entering into the contract.

Where a discrepancy does appear, it is often something straightforward, such as a name recorded slightly differently after an administrative update, rather than a sign of a genuine problem. Even so, your conveyancer will usually ask for supporting evidence, such as a marriage certificate or a company extract, before treating the matter as resolved, since an unresolved discrepancy can create real difficulty registering the transfer after settlement.

Check the Type of Ownership

Where there are multiple owners, the title will show whether they hold the property as joint tenants or tenants in common, and if tenants in common, in what shares. This matters if you are buying with a partner or friend, since it affects what happens to the property if one owner dies or if the relationship between owners breaks down later. If you are unsure which structure suits your situation, this is worth discussing with your conveyancer or solicitor rather than assuming a default arrangement is appropriate.

Review Mortgages and Other Registered Interests

• Any existing mortgage must be discharged at or before settlement, and your conveyancer will confirm the lender's discharge process and payout figure.
• Caveats registered by a third party can indicate a dispute or a claim against the property that needs to be resolved before settlement can proceed.
• Easements grant rights to use part of the land, such as for drainage or shared access, and remain binding on new owners regardless of the sale.
• Covenants may restrict what can be built or how the land can be used, and these also carry over to you as the new owner.
• Any notation of a pending court order or bankruptcy affecting the registered proprietor needs immediate attention from your conveyancer.

Understand What Easements Mean in Practice

Easements are one of the most misunderstood entries on a title search, since they can restrict where you build, require you to maintain access for a neighbour, or grant a utility provider the right to enter your land. Rather than treating an easement notation as a red flag by default, ask your conveyancer to explain its practical effect on the specific property, since many easements have minimal day-to-day impact once you understand their purpose.

If you are planning renovations, an extension or a future subdivision, ask your conveyancer to check whether any easement or covenant would affect where structures can be built on the block. This is a common source of surprise for buyers who assume the whole parcel of land is available to build on, only to discover later that a drainage or service easement runs through the exact spot they had planned to use.

Check for Outstanding Rates and Charges

While rates and charges are not always shown directly on the title search itself, your conveyancer will separately confirm with the local council and any relevant utilities that there are no outstanding amounts that could become a charge against the property. This is usually addressed through a rates adjustment at settlement rather than being a title issue on its own, but it is closely related work your conveyancer carries out alongside the title search.

What to Do If Something Looks Wrong

If the title search reveals an unexpected mortgage, an unresolved caveat, or an ownership discrepancy, do not proceed to settlement until your conveyancer has resolved or explained the issue. In most cases, these matters are addressed through correspondence between the seller's and buyer's representatives well before settlement, but a serious issue may require an extension or, in rare cases, withdrawal from the contract if it cannot be resolved. Acting early, as soon as the search results come back, gives everyone the best chance of sorting things out without delaying settlement.

Your conveyancer will generally order an updated title search again just before settlement, since anything can technically be registered against a title right up until the transfer is lodged. This second check exists precisely to catch a last-minute caveat or other registration that was not present when the first search was completed, and it is a routine part of a properly managed settlement rather than a sign anything is wrong.

Where the Title Search Fits Into Your Broader Due Diligence

The title search works alongside other checks such as council and planning searches, a building and pest inspection, and, for units, a strata report review, to give a complete picture of the property before you settle. Whether you are proceeding with a residential purchase or a property transfer, a clean title search is one of the clearest signs that a transaction is on track to settle without complications.