How to Perform Land Title Searches in Queensland

If you are a prospective property investor, developer, real estate agent, valuer, architect (or similar), it’s highly likely you’ll need to perform a land title search in Queensland.

This kind of property search is useful when checking current property ownership, determining planning applications, and discovering possible limitations such as caveats, easements and mortgages. Land title searches can also be used when conducting due diligence before actioning a project, offer or purchase.

Landchecker allows you to do quick, easy and reliable searches of title information digitally. QLD Titles can be purchased from the documents tab on the map’s right-hand side panel, the title search page and the standard searches page.

This article explains the importance of conducting land title searches before buying or selling a property in Queensland. It also details how to obtain a QLD title and the legal regulations to consider when conducting land title searches.

What is a Land Title Search?

A land title search is a process where public records are examined to get important information about a property, such as owner’s details, lot and plan information, registered encumbrances (e.g., mortgages, easements, leases), legal restrictions, and zoning details that might affect property transactions.

If you fail to conduct a QLD land title search, you may encounter different risks that can range from legal disputes over ownership and property boundaries to significant financial losses due to undisclosed mortgages, liens, easements and encumbrances.

Importance of Land Title Searches in Queensland

Understanding the importance of conducting land title searches is important when buying or selling properties in Queensland. Here are some of the key benefits of conducting land and title searches.

1. Verifying legal ownership

A land title search in Queensland helps confirm the current owner of a property to ensure the seller has the legal right to sell the property. It also ensures that there are no competing claims to ownership.

2. Identifying registered and unregistered encumbrances

Conducting land title searches reveals registered and unregistered encumbrances, such as mortgages, leases, liens, easements or covenants affecting the property.

If you’re a buyer, it’s important to conduct a land title search so you know about the restraints, defects and charges attached to the property’s title, especially if there’s an upcoming settlement.

3. Ensuring compliance with property development regulations

If you are developing, planning or building properties in Queensland, there are certain property development regulations you need to follow.

Conducting land title searches is essential to ensure you comply with these regulations as it reveals important information about a property, including any existing encumbrances, restrictions or easements.

4. Avoiding financial or legal disputes

A title search helps prevent significant financial loss and lengthy legal battles by identifying any potential issues that could arise after the sale, including zoning infractions, boundary discrepancies and undisclosed liens.

This allows potential buyers to make informed decisions and avoid unexpected issues that may arise after the purchase.

By proactively addressing these and other potential problems through a thorough title search, investors can protect their financial interests and ensure a smooth and hassle-free property transaction.

How to Conduct a Land Title Search in Queensland

When buying or selling properties in Queensland, it’s important to conduct a land title search to ensure clear ownership and be aware of potential encumbrances or restrictions on the property. Here are three different ways to perform a land title search in Queensland.

1. Accessing Titles Queensland

The Queensland Government has an online platform called Titles Queensland that manages the state’s land title registry and allows you to search QLD titles electronically.

You can purchase many property-related products on their site, including title searches, images of survey plans and title documents. Depending on the document you need, you can search by address, plan number, title reference or dealing number.

2. Using private providers like Landchecker for faster results

Legal and property professionals can obtain title searches and document copies from approved distributors, such as Landchecker. Working with private providers allows you to take advantage of comprehensive pricing and payment options.

At Landchecker, we offer customers discounted pricing on documents such as Titles, Plans & Certificates with 14-day invoicing terms.

3. Engaging legal professionals (solicitors and conveyancers)

When conducting a land title search for a property you want to buy, you can enlist the services of legal professionals like solicitors and conveyancers.

They can help you conduct thorough legal checks before committing to buying a property so you can make the right decision and negotiate favourable terms.

What Information is Contained in a Land Title?

Queensland is one of the most exhaustive states in terms of Title Search data, and if you want to perform a Register Search Statement (Title also known as a Title Search) in Queensland, the information you receive will include:

1. Land Description(this is standard across all states within Australia)
Such as the lot/plan number, location of the property in question, dimensions and land imagery/diagrams.

2. Type of Ownership
This information pertains to whether the property has a sole owner, multiple or is owned by a company and so on.

3. Registered Owner Details and Associated Dealings
Associated dealings refer to items such as a mortgage, lease or easement. A title can have multiple associated dealings (also known as “instruments”), and these will be indicated on a QLD Title Search.

4. Easements, Encumbrances & Interests
This section includes information such as legal responsibilities and interests for a party/parties besides the registered owner. An example of an encumbrance may be an easement limitation, such as shared access to a driveway on the property.

5. Administrative Advices
Administrative advice on Title Searches indicates interests on the title impacting the land. For example, heritage status or a vegetation notice.

6. Unregistered Dealings
Advisements on any matter relating to the title that has been lodged/awaiting registration.

Who Needs a Land Title Search?

Conducting a land title search is relevant to a wide range of professionals and individuals involved in property transactions:

Property buyers and investors: Verify ownership details before committing to large investments.

Property developers: Check for easements, encumbrances, or other restrictions that may affect future development.

Real estate agents: Ensure property listings are accurate and legally sound.

Solicitors and Conveyancers: Conduct thorough due diligence during the conveyancing process.

Architects and Builders: Verify property boundaries and ensure compliance with local regulations.

Mortgage lenders: Ensure there are no outstanding mortgages or legal claims on the property before approving loans.

Homebuyers: Confirm the current legal owner and check for any restrictions or encumbrances.

Common Issues Identified in Land Title Searches

Land title searches in Queensland can reveal various issues that might affect your decision to buy a property.

1. Easements or encroachments that limit property use

An easement is a right given to another person (who does not own the property) to use the property for a specific purpose. The two most common easements are for services and for right of way.

Meanwhile, encroachments are common issues that arise when a fence, building or driveway extends beyond the legal boundaries of a property and onto a neighbouring property.

The existence of an unregistered easement or encroachment on a property can cause delays in the sale process as potential buyers may hesitate to purchase the property if they may not be allowed to build on certain areas of the property. These issues can be resolved by negotiating with the parties involved, potentially setting up alternative arrangements or offering compensation.

2. Incorrect ownership details

Conducting land title searches reveals the current legal owner of a property. However, incorrect ownership details can occur due to several factors, such as errors when preparing the registered instruments or changes in ownership that were not properly registered.

If the title has incorrect or incomplete ownership details, you can request to change or correct the information through Titles Queensland. Another option is to hire a property lawyer to give you concise advice concerning the ownership details of the property.

3. Unregistered interests in the land

A caveat is essentially a warning that someone else has an interest in the property. The word caveat means “beware” and is a legal notice lodged with the state land registry. The caveat appears on the Title, so if you are considering purchasing a property, look out for this red flag.

If there are unregistered caveats, this can potentially cause delays in a sale, as potential buyers may hesitate to proceed as it could indicate a potential problem with the title.

To resolve this issue, you may consult with a conveyancer or lawyer who has extensive experience dealing with caveats to understand the impacts of the caveat on the property.

4. Boundary disputes

Boundary disputes arise when there’s disagreement regarding the exact boundary between two properties due to differing surveys or unclear property descriptions.

This may lead to a delay in property transactions, as potential buyers may hesitate to purchase a property with unresolved boundary issues.

To resolve this type of dispute, you can hire a licensed surveyor to survey the property and accurately determine the property lines. If this method fails, this issue may be taken to court, where the court may order the removal of the encroachments or adjustments to the boundary line.

Land Title Search Costs and Providers in Queensland

There are different land title search providers in Queensland. The Queensland Titles Registry, the official government source, and private providers like Landchecker are the two primary sources of land title information for property owners and professionals.

If you’re looking for the right provider, this can be determined based on the degree of detail you need and any extra features you require. Here are the different land title search providers in Queensland and the costs associated with ordering documents from them.

1. Queensland Titles Registry

The Queensland Titles Registry provides QLD titles and other supporting documents, including survey plans and historical title searches via Titles Queensland. As of FY24-FY25, the typical costs of the documents available for purchase are as follows:

Current Title/State Lease Search - $24.06

Historical Title Search - $35.43

Image of Certificate of Title - $24.06

Survey Plan - $25.78

2. Private Providers (e.g. Landchecker)

Private providers like Landchecker provide a different approach to conducting a land title search, combining document searches with high-resolution aerial imagery, planning data and property insights.

So if you require more than just ownership details—such as zoning overlays, planning permits and heritage layers—private providers may offer better value with property reports.

Landchecker offers Premium Property Reports that provide a comprehensive summary of your subject property, including planning permits and planning schemes.

Legal and Regulatory Considerations

A land title search in Queensland also requires knowledge of the legal system governing property ownership and transactions. Here are two laws governing land titles in Queensland.

Land Title Act 1994

The Land Title Act 1994, which specifies how land ownership is recorded, transferred, and protected, is the main law governing land titles in Queensland.

The Torrens Title System was created by the Land Title Act 1994, guaranteeing that property ownership is acknowledged and safeguarded by the law.

By guaranteeing the accuracy of the title register, the state lowers the possibility of property ownership disputes. It also governs the recording of mortgages, leases, title transfers and other interests.

On 16 April 2024, the Land Act 1997 was amended according to the Land and Other Legislation Amendment No. 2 Bill. It modernised the state land administration framework and reduced administrative complexity and duplicative decision-making.

Property Law Act 1974 (QLD)

Another important legal document to keep in mind is the Property Law Act 1974 (QLD). This Act lays down the rules for property transactions, covering everything from sales and leases to mortgages. It also outlines the necessary contracts, the conveyancing process and how property agreements are enforced.

By familiarising Queensland’s land title laws and keeping up with any regulatory changes, property buyers, investors, and developers can confidently make their way through the legal landscape.

How Landchecker Simplifies the Process

State land registries hold title information and authorised providers like Landchecker enable quick, easy and reliable searches of title information digitally (since Queensland adheres to the paperless electronic process known as “100% eConveyancing”).

All you need to do conduct a Register Search on Landchecker is the property address or the lot/plan.

Then, choose Map View and:

1. Enter the address or click on the property map

2. Select the “Documents” tab on the property info panel

3. Choose the document from the list

Or via App Navigation:

1. Click on the “Document Searches” tab in the app Navigation Bar (next to the Map tab) and select Title Searches

2. Select QLD as the state and search the address in the dropdown criteria

From here, you can add to cart and checkout. It will be made instantly available to you for immediate download!

For your Title Search needs, Landchecker offers the fastest source for up-to-date property information (and you’ll also find lots of other detailed property information available for use on the site).

Sign up for free today to discover more at app.landchecker.com.au/join

FAQ

How can I obtain a title search in Queensland?

To obtain a title search in Queensland, visit Titles Queensland or contact approved distributors like Landchecker for comprehensive pricing and payment terms.

How much does a land title search cost in Queensland?

The cost of a land title search in Queensland varies depending on the provider. At Landchecker, you can purchase a QLD title for $38.12. We also offer discounts if you require bulk searches. Simply reach out to our dedicated team for more details.

How long does a title search take?

A land title search typically takes minutes to complete. At Landchecker, you can order a QLD title and have it delivered to your email or Order Manager within 5 minutes.

What is the difference between a title search and a property certificate?

A title search shows the owner’s name, mortgage, lease details, restrictions and other important information. In contrast, a property certificate, also known as a certificate of title, is a document that serves as proof of ownership and provides details about a specific property.

What should I do if I find an encumbrance on my property title?

If there are encumbrances found on a title, consult a conveyancer or property lawyer to learn about the possible implications and how to proceed.