Stewart Title offers a range of title insurance policies for existing owners that already own a residential, strata or commercial property, but have not previously purchased a title insurance policy. 

We offer the following Residential and Commercial products for existing owners:

• Residential Existing Owner Policy
• Residential Strata Existing Owner Policy
• Commercial Existing Owner Policy

Stewart Title’s Existing Owner Policies provide much of the same protection to existing owners as the Residential and Commercial Purchaser Policies provide to purchasers of residential and commercial property. Our existing owner policies are also available for a one-time premium.

Existing Owners are covered for a broad range of risks, including:

Unapproved Building Work

Enforcement action by a Local Authority in relation to non-approved structures which have been built by any previous owner of the property without the required Council permits or which did not comply with those permits (for rural properties this cover is limited to the main residence, including sheds, carports, garages used for residential purposes and any swimming pool) at the time the structures were built. This coverage is capped at $160,000.

Boundary & Survey

Forced removal or relocation of a structure because it encroaches over an easement or on to the neighbour’s property and any adverse matter affecting Title that would have been revealed in an up-to-date survey report. Please note that boundary and survey coverage will not apply to land where the land area size exceeds 50 acres and does not apply to Commercial Existing Owner Policies.

Planning & Title Defects

Loss due to non-compliance with existing zoning and planning laws, unregistered easements and covenants, access orders, access rights or a right of way, lack of legal access, and defects in title to the land.

Unmarketability

If you sell the land your buyer may become entitled to refuse to complete the contract as a result of a risk covered under the policy. Unmarketability of your Title is not created by matters relating only to physical/structural conditions and/or physical/structural defects of the Land, including the improvement(s) located thereon.  

Defence of Title

In addition to covering actual loss suffered by the insured, Stewart Title may defend any challenge to the insured’s title, including that part of any proceedings or court case, which is based on a Covered Risk under the Policy. Stewart Title will also cover all of the insured’s costs, legal fees and expenses if we need to defend their ownership.

Standard Exclusions

Like all insurance policies, the Stewart Title policy excludes certain risks from cover. Some of these standard exclusions include:

• Risks which cause no loss or damage
• Risks which the insured creates, allows or agrees to
• Risks which are known to the insured, but not to Stewart Title as at the Policy Date
• Risks that arise because the insured did not pay full value for the land
• Risks arising from business or commercial activities, including, but not limited to, any loss of rental income or loss of business revenue
• Risks or loss arising from environmental contamination or environmental protection
• Risks which occur or come into existence after the Policy Date (except where specifically included in the policy)
• Native title or claims arising directly or indirectly from legislation with respect to the protection of aboriginal cultural heritage
• Losses arising from mine subsidence
• Losses relating to the infestation or dilapidation of structures, or matters disclosed in a building inspection report, survey report or home inspection report obtained by the insured prior to the Policy Date
• Losses relating to poor workmanship or the condition and repair of any structures
• Claims for which there is protection under home and building insurance or builders warranty insurance

Contact us for more information.

Please note that the information on title insurance provided is solely for general information purposes only and does not relate to your personal circumstances. It is not intended to be a complete description of all the terms, conditions and exclusions applicable to the title insurance product.  Please refer to your issued policy for full details, including the specific terms and conditions, exclusions and other limits on coverage. Sample policies are available here or upon request.