Instrument Search in Victoria

An instrument search is any imaged copy of a transfer, mortgage, agreement, caveat and covenant registered to a property.

Any instrument that affects the parcel of land will be listed under “Encumbrances, Caveats and Notices” on the registered search statement (title) for the property.

When ordering on Landchecker, any instrument listed on the title will appear as items you can order on the document searches page under title search, standard searches or certificate searches.

Who Needs an Instrument Search?

Anyone planning to buy a property in Victoria needs to conduct an instrument search to verify transfer of said property is complete.

Remember to talk to your conveyancer or legal practitioner before purchasing an instrument as they might require instruments registered to a title but not all of them.

4 Different Types of Instruments in Victoria

Here are some of the different types of instruments you can purchase.

1. Mortgage

If you need the details of a mortgage and the mortgagor or mortgage, you can conduct an instrument search to get the information. The document also provides the following details:

Jurisdiction

Privacy Collection Statement

Estate and/or Interest being mortgaged

Land Title Reference

Terms and Conditions of this Mortgage

Mortgagee Execution

2. Transfer of Land

A transfer of land shows the change in ownership details on a title. The details in this document include:

Jurisdiction VICTORIA

Land Title Reference

Transferor(s)

Estate and/or Interest being transferred

Consideration

Transferee(s)

Duty Transaction ID

Execution

3. Covenants

Covenants are guidelines and/or restrictions on the land that can limit what can be built on it, where it can be built and from what materials it may be built.

These rules must be adhered to when altering a property, and are created by the property developer to retain the quality, look and feel of a building or neighbourhood.

Common reasons for a covenant include restricting the number of buildings on the land (i.e. to a single house) or dictating what type of building materials may be used (ie for fences).

Breaching a covenant can have serious consequences so it is necessary to be aware of any covenants on your property.

4. Caveats

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.

Why Choose Landchecker for Instrument Search?

Let us help you quickly and easily obtain an instrument for your subject property. We make sure our documents are competitively priced - and easy to purchase - for your benefit.

Whether you’re an organisation that regularly completes Instrument Searches or a homeowner doing a one-off purchase, save time and money using our interactive and user-friendly application.

If you purchase titles and documents in high volume, contact us to find out how we can provide you with enterprise discounts.