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Land Title Search Victoria

Purchasing a home in Victoria? Looking to undertake a development? On the hunt for an investment property? Wouldn’t it be nice to skip to the end of the process where keys are handed over and the property is now yours.

The problem is, without carrying out your due diligence first, is the property really yours?

There's no way of knowing the answer without first conducting a land title search. When you do a land title search, you will receive a copy of the title, also known as a register search statement, which contains the information to verify ownership of any piece of land or property and identify any encumbrances that have been lodged for the property.

Conducting a land title search is important in property transactions as it ensures that the seller has the right to transfer ownership and that the buyer knows of any issues that could affect the use of the land or property. Stakeholders can also mitigate risks and make informed decisions about real estate transactions.

What is a Land Title Search?

Melton, Brooklyn, Geelong, Alpine, Ballarat… There are so many home and investment opportunities calling your name in Victoria, and all that stands between you and ownership is a land title search.

A land title search shows the current information lodged in the Victorian Register of Land, including the legal owner of the property, lot and plan details, encumbrances, easements and mortgages or liens.

If you’re planning on buying a property without conducting a land title search, unpaid liens and mortgages attached to the property might be transferred to you. Undiscovered liens could also lead to lenders refusing to finance a property, leaving buyers struggling to find alternative financing.

Importance of Land Title Searches in Victoria

Land title searches in Victoria play a key role in property ownership verification, preventing property disputes and avoiding fraud.

1. Ownership verification

A land title search can be used for ownership verification as it contains the current legal owner of a land or property. The Transfer of Land Act 1958 established a system for registering land titles to ensure that land ownership and interests are publicly recorded.

2. Prevent property disputes

A land title search can be instrumental in preventing property disputes, such as boundary issues, joint ownership conflicts and inheritance claims, by providing clarity on ownership details and diagram location on where to find the copy of plan.

The Sale of Land Act 1962 encourages vendors to disclose material facts during the selling process to potential buyers. Material fact is any information that could affect a purchaser’s decision to buy the property, including easements, pending lawsuits and environmental hazards.

3. Avoid Fraud

Land title searches also help avoid fraud by verifying the owner of a property, ensuring that you’re transacting with the rightful owner. If a seller falsifies any information in the title to persuade the purchaser to buy the property is punishable by fine or imprisonment for more than two years, or both according to the Property Law Act 1958.

What Information is Contained in a Land Title?

A land title in Victoria typically includes the following information:

Registered proprietor: A land title states the name(s) of the legal owner to help ensure you’re purchasing the property or land from the authorised and registered owner. It also indicates the type of ownership, such as sole or joint proprietor.

Encumbrances: Check if any restrictions have been put in place by council, land zoning, etc., that could stop you from developing the land as planned. It shows any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan or imaged folio set out under the diagram location.

Easement: This restricts the use of land you’re purchasing, such as where you can place water pipes.

Caveats: This is whether another party holds a claim on the land or property, such as a mortgage or other loan. Check whether it can be removed on purchase (for example, the mortgage).

Land description: This includes the lot and plan details of the property.

Diagram location: Shows the plan number you can use to source the copy of plan, which gives an indication of boundary dimensions.

Activity in the last 125 days: Details the recorded activities related to the property within the past 125 days

Administrative notices: Used to request that the Registrar deal with a CT in a particular way. The Administrative Notice provides a set of instructions about the use and control of the eCT.

Who Needs a Land Title Search?

Whether you're buying, selling, constructing or refinancing, land titles are indispensable. Home buyers, investors and real estate agents may use it when researching prospective properties.

If you’re a legal practitioner or valuer, you can purchase land titles to check current property ownership. Property developers and builders order a land title search for due diligence before actioning a project while planners and architects use it for planning applications.

Conveyancers and legal professionals also need to conduct title searches as part of their due diligence during real estate transactions.

Common Issues Identified in Land Title Searches

One of the main purposes of conducting a land title search is to find anything that could adversely affect the land’s ownership and transferability. Below are five of the most common issues identified in land title searches.

1. Boundary disputes

Boundary disputes arise when there are discrepancies between the property’s actual boundaries and the legal description found in the title.

These discrepancies may result from encroachments by neighbouring properties, unrecorded agreements or changes in the area’s topography. Resolving this issue often involves hiring a licensed surveyor to determine the exact location of property boundaries.

2. Incorrect owner details

Incorrect owner details occur due to clerical errors, fraudulent activities or identity theft. This issue can be rectified by contacting the Victorian Land Registry and providing proof of the correct ownership.

3. Unregistered easements

Easements give other parties the right to use another person’s land or property for a specific purpose, including access to utility lines or roads.

However, if unregistered easements occur, this creates disputes regarding the proper use of land. To resolve this issue, the easement must be registered with the land titles office so it’s legally recognised and enforceable.

4. Illegal developments

Illegal developments include construction without permits, unauthorised land use and building code violations.

Addressing this issue would involve legal action to have the illegal development removed or comply with local regulations.

5. Encumbrances that affect property use

Encumbrances that affect property use include unresolved mortgages, liens and covenants. These issues could affect the land purchase transaction unless the party holding the encumbrance agrees to remove or modify the restriction.

Land Title Search Costs and Providers in Victoria

Land title search in Victoria can be conducted online and the cost varies depending on your chosen provider and the extent of the required search.

You can purchase a land title or register search statement on Landata for $16.81 (2024-25 price) using the property address. If you’re searching using the volume and folio reference, it costs $7.80 (2024-25 price) since you won’t need to pay the land index fee.

If you require more complex searches, including bulk title searches for different properties, you can engage with an information broker like Landchecker. We offer competitive pricing for document searches in Victoria.

You may request a call back if you want to review document pricing with our dedicated team or read this help article on how to complete a title search in Victoria.

Legal and Regulatory Considerations

The Transfer of Land Act 1958 is the foundation of land title legislation in Victoria, which aims to simplify the process of transferring land titles.

This act established a legal system of registered titles where ownership is proven through documented land transfers located in a central register.

Here are other relevant legislations that relate to land dealings in Victoria:

Property Law Act 1958

Sale of Land Act 1962

Subdivision Act 1988

Subdivision (Body Corporate) Regulations 2001

Subdivision (Registrar's Fees) Regulations 2004

Subdivision (Procedures) Regulations) 2011

Subdivision (Registrar's Requirements) Regulations 2011

Frequently Asked Questions on Land Title Searches in Victoria

How long does a land title search take in Victoria?

A land title search takes as little as 60 seconds to complete, depending on where you place the order. At Landchecker, you can get a copy of the title instantly after placing your order on the platform.

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

A title search shows the ownership details, encumbrances, caveats and notices, while a property report provides the summary of property and planning information on any selected property.

Can I conduct a land title search without a solicitor?

Yes, you can conduct a land title search without a solicitor if you have the address or the title details, such as the volume and folio number.

What happens if I find an encumbrance on the property title?

If you find an encumbrance on the property title, consult a conveyancer or lawyer to learn about the possible implications and how to proceed.

What is a land index search fee?

A land index search fee is incurred when conducting land title searches using an address, plan number or any property identifier other than the volume and folio number.

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