what is a title search

What Is a Title Search? A NZ Homeowner's Guide

easySale

easySale

— 11 min read
What Is a Title Search? A NZ Homeowner's Guide

A title search is a check of the official land record for a property. It shows who legally owns the land, how the land is described, and which registered interests sit against it, such as mortgages, easements and covenants. In New Zealand that record is held by Toitū Te Whenua Land Information New Zealand (LINZ). If you are buying, selling, refinancing or inheriting a home, it is one of the first documents worth reading.

This guide explains what a title search is, what it shows, the different types, how to read one, and what it means if you want to sell quickly.

EasysaleConsidering a simpler property sale?Easysale helps New Zealand homeowners sell directly, with a cash offer and no real estate agent commissions.Explore selling with Easysale

TL;DR

  • A title search is a look at the official record of title for a property. It confirms the legal owner, the legal description and the registered rights and restrictions.
  • In New Zealand you can order current, guaranteed or historic searches. Each shows a different slice of the record.
  • Mortgages, easements and covenants are the entries sellers most often need to understand before they list or accept an offer.
  • A search tells you what is registered. It does not tell you the condition of the house, council issues or unregistered problems.
  • If something on your title looks complicated, talk to a conveyancing lawyer before you commit to a sale.

Table of Contents

What a title search actually is

Every piece of land in New Zealand has a record of title. LINZ says these records are electronic, PDF-based documents that identify land ownership, the legal description of the land, and interests such as fencing covenants or mortgages.

A title search is simply the act of ordering and reading that record. You are not investigating the person. You are checking the property: who is registered as owner, what the land is, and what other parties have registered a claim or right over it.

The word “search” can be a little misleading. Nobody is trawling through filing cabinets on your behalf. You request a copy of the record, usually online, and what comes back is the register entry for that title as at a particular moment.

Title, record of title and title search: the difference

People use these terms loosely, so here is how they fit together:

Term What it means in plain language
Title The legal ownership of a property, as registered.
Record of title The official document that shows that ownership and what is registered against the land.
Title search Ordering and reading that record, or a related record, to check the current position.

If you hear someone say “get the title”, they usually mean the record of title. If they say “do a title search”, they mean the same exercise with a purpose: checking the property before a decision.

What a title search shows

LINZ states that property titles accurately display legal ownership, legal descriptions, and registered rights and restrictions such as mortgages or easements. In practice, you will find these items.

The registered owner

The names of the people or entity who hold the title. If the home is owned jointly, or through a trust or company, that shows here. This matters for any sale, because everyone on the title has to be involved in the decision.

This is how the land is identified in the official record: typically a lot and plan reference and an area, rather than a street address. Check that it matches the property you think you own or are buying.

Mortgages

If a bank or other lender has registered a mortgage, it appears on the title. For a seller, this is the entry that tells a buyer there is a loan to be paid out at settlement. It is very common and nothing to worry about on its own.

Easements

An easement gives someone a right over part of your land, for example a shared driveway or a service line running to a neighbour. It stays with the land, so it passes to the next owner.

Covenants and other restrictions

Covenants are conditions attached to the land. Some limit what you can build, others deal with fencing or shared costs. A buyer will want to know about them, and so should you before you list.

Other registered interests

Depending on the property, you may also see other entries that affect how the land can be used or sold. If an entry is unfamiliar, ask your lawyer to explain it in plain terms. Do not guess.

The types of search you can order

Not every search covers the same ground. LINZ explains that you can order current, guaranteed (including pending interests), or historic records of title, which lets you view registered interests since the title was created.

  • Current search. Shows the title as it stands now, with the interests presently registered.
  • Guaranteed search. Also covers interests that have been lodged but are still being processed. This is the one lawyers lean on close to settlement, because it reduces the chance of a surprise.
  • Historic search. Looks back over earlier registered interests since the title came into existence. Useful when you want to understand how an easement or covenant arrived.

For a casual first look at your own home, a current search is usually enough. For a transaction that is moving towards settlement, ask your lawyer which type they will order and when.

Why homeowners and sellers need one

It is easy to think of title searches as something a buyer does. Sellers benefit too.

  1. You know what you own. The record confirms who is on the title and how the land is described. Mistakes in names or descriptions are better found early.
  2. You can see what a buyer will see. If a covenant or easement is on the title, a buyer’s lawyer will find it. Better that you have already read it.
  3. You can plan for the mortgage. Knowing the lender and that the loan must be discharged helps you work out your numbers. Our guide to property transaction fees in New Zealand covers the costs around a sale.
  4. You avoid delays. A title problem found at the start can be sorted in your own time. One found a week before settlement cannot.

If you want more background on how the title fits into the wider process, see our guide to the role of property title in NZ real estate.

How to get a title search in New Zealand

The record itself comes from LINZ, and the web search support pages on the LINZ site explain what is available and how to order. Many people go through their conveyancing lawyer, who orders the right type as part of the work.

Here is a practical order of events:

  1. Gather your details. Have the street address handy, and any certificate or title reference from your rates or mortgage paperwork.
  2. Decide which search you need. Current for a quick look, guaranteed when a transaction is near settlement, historic when you are tracing the background of an interest.
  3. Order it. Use the LINZ-linked ordering options, or ask your lawyer. Check the current fee before you order, as fees are set by the supplier and can change.
  4. Read the whole record. Do not stop at the owner’s name. Scroll through every registered interest.
  5. Write down questions. Anything you do not understand goes on a list for your lawyer.

You do not have to own a property to look at its record, and sellers often find it useful to look at a neighbour’s title if a shared boundary or right of way is in play. Still, always read the entries against your own documents.

How to read what you get

A record of title can look intimidating the first time. A simple routine helps.

  • Start at the top. Confirm the legal description and the type of title.
  • Check the owners. Do the names match your ID, trust deed or the estate’s paperwork?
  • List every interest. Mortgage, easement, covenant, anything else. Give each a line in your own notes: who benefits, what it means in daily life, and whether it will remain after sale.
  • Match against reality. If the record shows a right of way, can you see the driveway? If it shows a mortgage you thought was repaid, ask your lender.
  • Date the document. A title search is a snapshot. The date on it is the date it is good for.

A lawyer will do this properly in a transaction. Doing a first pass yourself just means your conversation with them starts further along.

What a title search will not tell you

A title search is about registered legal facts. It does not describe the house. It will not tell you if the roof leaks, if there is unconsented work, if there is flood damage, or if a tenant has left the place in a mess. Those need a building inspection, a look at the council file and an honest conversation with whoever has been living there.

It also cannot show you things that have not been registered. That is one reason LINZ offers the guaranteed type, which picks up pending lodged interests. Even then, you still want a lawyer looking at the whole picture.

When you put a property into a transaction, think of the search as one layer of due diligence. It sits alongside the sale and purchase agreement, the LIM, the building report and your own checks. Our overview of legal considerations when selling property in NZ walks through the rest.

What a title search will not tell you — overview diagram

Common title issues and what they mean for a sale

Most titles are straightforward. When they are not, the usual suspects are these.

A mortgage you forgot about. Second mortgages and old loans sometimes remain registered. Your lender can confirm what is outstanding and provide a discharge.

Names that do not match. A change of name after marriage or separation, or a typo, can slow a sale. Your lawyer can advise how to correct the record.

An easement you did not know about. It may be harmless, such as a shared drain. It may also limit where you can build. Read the wording and ask a lawyer.

A covenant that limits use. Check whether it applies to your plans and whether a buyer will be put off.

Liens and claims. If someone has registered a claim, it needs to be resolved or paid out as part of the sale. Our article on what a property lien is and how to check your LINZ title explains how this can affect timing.

A lender selling for you. If repayments have fallen far behind, the lender may take steps to sell. See our guide to what a mortgagee sale is if you are worried about this.

None of these automatically stops a sale. The earlier you know about them, the more options you have.

Common title issues and what they mean for a sale — overview diagram

Title searches and the transfer of ownership

A search shows the position today. The transfer is what changes it. When a sale settles, the title is transferred to the buyer, any mortgage is discharged, and the record is updated. If you want to understand that stage, read what title transfer means in NZ.

The link between the two is simple. A clean search at the start makes for a smoother transfer at the end. A surprise on the search tends to show up as a delay at settlement.

Staying safe during a property transaction

Checking the title is about verifying facts before money moves. The same habit applies to payment instructions. Fraudsters target the period when large sums are about to change hands, so verify any change to bank details by phone with your lawyer, using a number you already have. For a broader look at protecting your closing from wire fraud, this guide covers the general principles. Fraud rules and processes differ by country, so rely on your New Zealand lawyer for the local steps.

Our perspective: what we see when sellers look at their title

At easySale we speak with homeowners who need to sell quickly, often because of money pressure, a separation, an inherited property, a damaged house or a tenant who has left the place in poor shape. In nearly all those conversations, the title is where clarity starts.

Here is what we would tell a friend:

  • Look at your title before you do anything else. It takes a few minutes and removes a lot of guessing.
  • Do not assume a problem on the title kills a sale. Mortgages, easements and covenants are normal. A direct buyer can often work with them, and a conveyancing lawyer can guide you through anything unusual.
  • Condition and title are separate questions. A house can be in poor repair with a spotless title, or immaculate with a complicated one. Treat them separately.
  • Get legal advice early. Our piece on the role of legal advice in a property sale explains why.

When you want a sale without agents, commission or repairs, the title search is the document that lets a buyer move with confidence. The clearer you are on it, the quicker everything else goes.

— Aaron

If you need to sell fast

If your title looks straightforward and you want a quick, private sale, we can help. easySale buys homes across New Zealand in any condition, with no agent fees, no commission and no repairs needed. You submit your property details, receive a no-obligation offer, and settle on your timeline. Start on our fast sale page, or see how to submit your property details. If the house is damaged, our as-is sale option is built for that situation.

A simple example

Here is a made-up illustration, not a real customer. Say two siblings inherit a family home. They order a search and find one name that is the late parent’s, a mortgage that was repaid years ago but still shows, and an easement for a shared driveway.

The parent’s name is handled through the estate, with their lawyer. The lender is asked for a discharge. The easement is noted for any buyer. None of it stops the sale. All of it would have caused delays had it been discovered a week before settlement. If you are in that position, our estate sale page explains how we approach inherited homes.

If you want more on related topics, browse our legal considerations resources.

FAQ

What is a title search in New Zealand?

It is a check of the official record of title held by LINZ. It shows the registered owner, the legal description and registered interests such as mortgages, easements and covenants. It is a snapshot of the position when the search is run.

Can I do a title search on a property I do not own?

Yes, the records are designed to be searchable, and buyers rely on that. Ordering one for your own home or a property you are considering is routine. Use the LINZ web search support pages to see what is available, and check any fee before you order.

A current search shows the interests registered right now. A guaranteed search also takes in interests that have been lodged but are still being processed, which is why it suits the period close to settlement. A historic search goes the other way and shows registered interests since the title was created.

Does a clear title mean the property is problem-free?

No. The title covers legal ownership and registered interests only. It says nothing about the house’s condition, unconsented work or council matters, so you still need building and council checks alongside it.

You can read one yourself, and it is a good idea to. For a sale, though, a conveyancing lawyer should review it, because they know what each entry means for your transaction and what must be resolved before settlement.

Sources

Read more