Instruments are documents representing specific transactions or dealings that have been lodged and registered with the Victorian Register of land and affect a land title. They detail things like;

• any mortgages on the property, or if a mortgage has been discharged and removed from the title*
• transfers of land, indicating a change of ownership
• if there are any caveats in place, which indicates a third party’s legal interest in the property (read about caveats here)
• any covenants, which is an agreement restricting what the land can be used for or things like approved building materials (read about covenants here)
• easements on the property, which are rights granted to a third party to use a portion of land for a specific purpose, such as power or water services (read about easements here)

Note this is not an exhaustive list of the types of instruments.

*The removal of a mortgage is only detailed on a title for 125 days.

Why would you need to understand the instruments on a title?

Instruments are helpful for owners, especially if they are planning to build or renovate, and for prospective purchasers or interested parties, such as neighbours, to understanding any limitations on a specific property.

How can you find out what instruments are on your title?

A Register Search Statement (or a Copy of Title) purchased via landata.online will list the instruments that affect the parcel of land.  They will be listed under “Encumbrances, Caveats and Notices”.

Or you can do a specific instrument search via LANDATA® to receive an imaged copy of an individual instrument.

To read more about, or conduct an Instrument search, click the button below.