Title search

A title search is the process of obtaining and reviewing a property's record of title and the registered instruments affecting it, to confirm ownership and identify any interests, restrictions or encumbrances.

What it confirms

• That the vendor is legally entitled to sell — for example, that both registered owners have signed, or that a trustee has authority
• The legal description and land area
• The estate type — freehold, leasehold, cross-lease, unit title
• Registered interests — mortgages, easements, covenants, caveats, leases, liens
• Anything requiring discharge or removal before settlement

What it does not cover

Unconsented building work, physical condition, weathertightness, council records, or anything unregistered. Those require a LIM, a builder's report and your own inspection.

When to do it

Early. Your lawyer should review the title before you sign, or at the very start of a due diligence period. Issues found early are negotiable; issues found the week before settlement are a crisis.

For a cross-lease, this includes checking the flats plan against what is physically on the ground — a very common source of defective titles.

Common misunderstanding

Getting a copy of the title is not the same as a title search. Anyone can order a title from LINZ. The value is in a lawyer reading the registered instruments and understanding what they mean for your intended use.

Registered interests bind you. An easement or covenant you did not read still applies after you own the property.

Related terms

Sources

• LINZ; Land Transfer Act 2017

Last reviewed: 1 August 2026 · General information only, not legal advice.

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