The Western Australian title register
Freehold land in Western Australia is registered under the Transfer of Land Act 1893, and Landgate maintains the register. A title search identifies the volume and folio, the registered proprietor and interests recorded on the land, such as mortgages, caveats, easements and memorials. Western Australian property settlements are often handled by licensed settlement agents as well as lawyers, so confirm who is acting for you and what they will check before a private loan proceeds.
Ask for a current search of every property involved. If the search refers to a plan, easement or other document, obtain that document too, because the short title entry does not explain the full restriction.
Caveats and their removal in WA
Landgate publishes land transaction procedure guides that cover caveats, including separate guides on removing a caveat and on preparing and lodging the removal documents. A caveator withdrawing a caveat uses Landgate's withdrawal of caveat form, Form W1, made under the Transfer of Land Act 1893. Landgate also notes that caveators are subject to its verification of identity process. When a private loan is repaid, ask for the withdrawal or discharge to be ready at settlement rather than arranged afterwards.
Landgate states that its guides are not legal advice. Your own lawyer needs to explain how removal, lapsing or a dispute would work on your facts. This page does not set out a WA lapsing period, and a rule from another state should not be assumed to apply.
Land tax and duty in WA
RevenueWA, part of the Department of Finance, administers land tax and transfer duty. WA land tax is assessed on the land you own at midnight on 30 June each year, and your home is generally exempt. Investment, vacant and commercial property held as security, or held during a bridging overlap across 30 June, can therefore carry a land tax bill. Check the WA land tax guidance and the WA stamp duty page for purchase costs.
Perth and regional Western Australia
Most of the state's population lives in Perth, with regional centres such as Mandurah, Bunbury, Geraldton and Kalgoorlie. Distances are large, so valuations of regional property can take longer, and lenders may want more evidence of how quickly the property could be sold.
Two Western Australian illustrations
Example only, not a real client. A Perth business owner needs short-term funds secured against an investment unit. The settlement agent obtains the Landgate search, checks the existing mortgage and confirms the Form W1 withdrawal will be ready when the loan is repaid.
Example only, not a real client. A Bunbury owner plans to buy a new home before selling a rental. The adviser checks whether holding the rental past 30 June brings a land tax assessment. Neither example claims a lender would accept the security.
Caveat checks specific to Western Australia
In Western Australia the caveat is recorded by Landgate. Ask your lawyer to confirm the caveat form, the interest it claims and the withdrawal document the lender will sign when you repay. Arrange a fresh title search after lodgement so you can see exactly what has been recorded against your property.