This guide is general information about title concepts in Queensland. Title matters are property specific, so a solicitor or conveyancer should review the relevant documents for your individual purchase.
What is title?
Title is the government registered record of who owns a piece of land and the interests, rights or restrictions recorded against it.
Queensland uses the Torrens system of land registration. Title searches and registered documents can be obtained from Titles Queensland. Land is commonly identified by a lot and plan number. A current title search records the registered particulars for the relevant lot or interest, including the registered owner and registered interests such as mortgages, easements, covenants or caveats.
When a transfer is registered, the register is updated to record the new owner. Registration, rather than the contract or exchange of keys, generally gives legal effect to the transfer.
The register provides the current registered particulars for a lot, subject to legal exceptions and interests that may require further investigation. Your solicitor can advise on how these apply to your purchase.
Lot and plan. Land in Queensland is commonly identified by a lot and plan number, for example, Lot 42 on RP123456. A property may comprise one or more lots. The lot and plan provide the registered land description used in contracts, title searches and planning documents. Confirm that the description in the contract matches the property you intend to buy.
Knowing a property's legal description is only part of the picture. Understanding the legal protections that apply once ownership is registered is equally important.
Indefeasibility generally protects a registered owner against interests that are not recorded on the register. The protection is subject to legal exceptions, so questions about ownership or competing interests should be referred to the buyer's solicitor.
How ownership may be structured
Torrens describes the land registration system used in Queensland, not a separate type of ownership. A freehold lot may be an individual parcel, or it may form part of a community titles scheme. "Strata title" is commonly used in everyday language for apartments and units, although Queensland legislation generally refers to community titles schemes and different plan formats.
Freehold land
Freehold land is commonly used for houses and vacant land in Noosa, although it can also apply to other types of property. The registered owner holds an interest in the lot, subject to any registered interests, applicable laws and other rights or restrictions affecting the land.
Community titles schemes
A community titles scheme can include apartments, townhouses, duplexes, mixed use developments and other properties that share common property or facilities. A community body corporate manages the common property and levies contributions from lot owners.
Lot boundaries and maintenance responsibilities depend on the registered plan, the community management statement, the by-laws, any exclusive use allocations and the applicable legislation. Building format plans and standard format plans can define lot boundaries differently, so the registered plan for the specific lot should be checked.
Some schemes allocate exclusive use areas, such as a courtyard, car space or storage cage, for the use of a specific lot owner. These remain part of the common property. They are allocated by by-law and generally pass with the lot on sale.
For a lot in a community titles scheme, review the body corporate certificate, community management statement and available body corporate records. The certificate is generally provided using a Body Corporate and Community Management (BCCM) Form 33, or BCCM Form 34 for a specified two-lot scheme. These documents provide useful information, although further records may be needed to understand levies, insurance, maintenance, disputes and proposed expenditure.
Seller disclosure
Queensland's seller disclosure scheme commenced on 1 August 2025. Sellers are generally required to provide prescribed disclosure documents before the buyer signs a contract. These may include a title search, survey plan and, for a lot in a community titles scheme, the body corporate certificate and community management statement. Seller disclosure does not replace the buyer's own searches, inspections, enquiries or legal advice.
03 Registered InterestsWhat may be registered against a title
A title search may record interests or notices affecting the lot. These can include registered rights, restrictions, claims or references to a community titles scheme. The following categories are commonly seen, although their full effect may need to be confirmed with separate documents and your solicitor's advice.
Easement
An easement can give another person, authority or property rights over part of the land for a stated purpose, such as drainage, access, powerlines or pipelines. The title search may identify the easement, although the registered instrument and survey plan may need to be obtained to understand its terms and location. Whether an easement affects building or other works depends on its specific terms.
Covenant
A registered covenant may restrict or regulate the use or development of land, for example through design guidelines, minimum floor areas, approved materials or prohibited structures. Obtain the registered instrument and confirm its current effect with your solicitor, particularly if you intend to renovate, subdivide or develop.
Caveat
A caveat records a claimed interest in the property and may prevent registration of dealings that affect that interest. Your solicitor should investigate any caveat on a title you are purchasing and determine what is required before settlement.
Mortgage
A registered mortgage is common and generally means the seller has borrowed against the property. It is generally dealt with through the settlement process, with your solicitor arranging for settlement funds to be directed towards its discharge.
Statutory charge
Certain government agencies can register charges against a title for unpaid rates, water charges or other statutory obligations. These may affect the proposed transfer and should be reviewed by your solicitor as part of the title and rates searches.
Profit à prendre
A registered right for a third party to take something from your land: timber, minerals, water or crops. Less common in residential contexts, although it can appear on rural and hinterland properties in Noosa. Understand what is being taken, by whom, and for how long before purchasing land with this interest registered.
Writ
A writ registered on title indicates that a court judgment has been obtained against the registered owner. This may affect the proposed transfer and should be reviewed by your solicitor.
Community management statement or scheme reference
A title search may refer to a community titles scheme or community management statement. The community management statement, registered plan and other relevant documents may need to be obtained and reviewed separately to understand the by-laws, boundaries, common property and exclusive use rights. These documents are not displayed in full on the title search.
A title search may identify a registered interest without explaining its full effect. The relevant registered instrument, survey plan or scheme documents may also need to be obtained and reviewed before committing to the property.
What a title search reveals
A current title search provides the registered particulars for a lot at the time of the search. Your solicitor or conveyancer can arrange the current title search and any related registered documents relevant to the purchase.
A title search is not everything. It shows the current registered particulars and references recorded on the title. It does not replace planning, building, flood, hazard, body corporate, physical inspection or boundary investigations. See the Due Diligence Checklist for other searches and enquiries that may be relevant before going unconditional.
Title insurance
Title insurance is an optional insurance product that may cover certain title or conveyancing risks, depending on the insurer and the policy. It is different from building insurance, which covers physical damage to the property.
Coverage, exclusions, eligibility, limits and duration vary between policies. Whether title insurance is appropriate for a particular purchase depends on the property and the buyer's circumstances. Discuss this with your solicitor and read the policy wording carefully before deciding whether to purchase cover.
Title insurance does not replace legal advice, property searches, surveys, inspections or building insurance. Read the policy wording and understand what is excluded before purchasing cover.