Instruments
An instrument is a document that contains the details of transactions that have affected a title, such as transfer of land, mortgage, or caveat.
About Instruments
An instrument is a document representing a specific transaction (dealing), such as a transfer of land, mortgage, caveat, covenant, or agreement, that has been lodged and registered with the Victorian Land Registry.
Once processed and registered on the title, these instruments form part of the public Register of Land.
Common types of instruments include:
Transfer of Land
- A transfer of land updates the ownership details on a property title when ownership changes hands.
Mortgage
- When purchasing a property, most buyers take out a loan which is secured by a mortgage. The mortgage is registered on the title, and further details around the loan should be sought from the lender (typically a bank).
Caveat
- A caveat is lodged by anyone with a legal interest in a property, who is not the owner or a lender. Once registered, it appears on the title to secure the caveator's interest.
Covenant
- A covenant is an agreement between the seller and purchaser that restricts the use of the land. For example, it may specify permitted building materials or land usage.
Agreement
- As part of the planning permit process, an agreement between the owner and relevant authorities may impose restrictions on how the land can be developed or used.
Click on the page image above to view a full Instrument Statement
Example of an Instrument
Why would I need an Instrument? (Common Uses)
If you're planning to build, renovate, or develop a property, it's essential to review the relevant instruments associated with the title. These documents outline any restrictions, conditions, or legal obligations tied to the property.
To avoid unnecessary purchases, consult your building surveyor, builder or relevant expert to confirm which instruments are relevant to your project.
Searching for an Instrument on a Title
You can easily order a copy of an Instrument via the Order Now button above. If you don't know the number of the instrument you are seeking, you can find it on a Copy of Title (typically in format AA123456X) or by commencing a property search.
An instrument search will provide an imaged copy of the instrument in PDF format.
When ordering instruments via property search, a Land Index Search Charge applies. You can avoid this fee by initiating your search with the instrument number or identifying the property using volume and folio number, a unique identifier for each land title in the Victorian Online Titles System (VOTS).
- The volume and folio number can typically be found in the top right corner of your Title Certificate.
- Alternatively, check your rates notice from your local council, which may include this information.
Sometimes the full details of an encumbrance aren't contained within an instrument. The instrument will instead refer to a Memorandum of Common Provisions (MCP) which is represented by a reference in format AA1234. To find out more about MCP's and how to order them, please click here.
Delivery time: 5 minutes via email.
Help and Frequently Asked Questions
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How can I order a copy of transfer, caveat, or mortgage?
I am having trouble finding my property
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