A vacant section can look uncomplicated, yet its title may contain restrictions that affect the house you can build, where you can place it and how access or services must be shared. A disciplined title check turns those unknowns into questions you can answer before paying a deposit.
Quick Answer
Order a current Record of Title, confirm the legal description and owners, then read every registered interest and obtain the documents it references. Combine that check with council information, a property inspection and independent legal advice before an unconditional commitment.
Start with the legal identity of the land
Confirm the title reference, legal description, estate and parcel plan. Check that the advertised section, driveway, parking and service areas belong to the same title. This is especially important for rear lots, cross-leases, unit developments and recent subdivisions.
Do not treat the fence, driveway or mown area as conclusive evidence of the boundary. Use the survey plan to understand the parcel, and obtain cadastral survey advice where a boundary affects design or value.
Restrictions that can change your design
Review covenants for building setbacks, height, materials, colours, fencing, minimum floor areas, subdivision, occupation or approval processes. Obtain the full covenant before relying on a marketing promise about what can be built.
Check easements for access, drainage, water, power and telecommunications. Map them against the likely building platform. A service or access corridor may make an apparently large section much less flexible.
Look for consent notices and other instruments connected with the subdivision. They may impose obligations or point to documents that affect stormwater, retaining, access, maintenance or future works.
A decision-ready process
Order the current Record of Title with Diagram ($42.90), then obtain relevant Instruments ($39.90) and Survey Plans ($49.90). Compare them with the concept plan, geotechnical advice, council planning rules and service information.
If you are buying for development, consider the Pre-Purchase Package ($189.90) and ask a solicitor and planner to review the result. A Guaranteed Search ($45.90) is useful where settlement timing is tight; a Legal Owner Search ($65.90) helps when ownership details need specific confirmation.
Common Mistakes
- Checking the street address but not matching it to the legal description and title reference.
- Stopping at the summary page instead of obtaining referenced easements, covenants or instruments.
- Assuming a title proves building compliance, physical boundaries, insurance or future development rights.
- Using an old search when ownership or registered interests may have changed.
Key Takeaways
- Start with a current title and plan.
- Trace every registered interest to its underlying document.
- Cross-check title information against council, site and professional evidence.
- Resolve material risks before the agreement becomes unconditional.
FAQ
How current should my title search be?
Use a current search close to the decision date, and consider a Guaranteed Search ($45.90) when timing or transaction risk makes extra confidence worthwhile.
Does a title search reveal every property problem?
No. It focuses on registered ownership and interests. Hazards, defects, consents, rates, contamination and informal arrangements require separate checks.
What document should I order first?
A Record of Title with Diagram costs $42.90 and is the sensible starting point. Order Instruments ($39.90), Survey Plans ($49.90), a Historical Title ($42.90), Legal Owner Search ($65.90) or the Pre-Purchase Package ($189.90) when the circumstances justify them.
Need a reliable document? Order a Record of Title with Diagram ($42.90) from Certificate of Title NZ.