Quick Answer
An easement on an ACT property title gives another party the right to use part of your land for a specific purpose, such as stormwater drainage or vehicle access. In the Australian Capital Territory, buyers must check both the current title and the Crown lease for easements, restrictive covenants, and lease variations, as these records dictate what you can build or alter on the property.
Why ACT Property Titles Are Different
Unlike other jurisdictions, all land in the Australian Capital Territory is held under a Crown lease. When you buy property in the ACT, you are purchasing the remaining term of a lease from the government, not a freehold estate. This means official property records contain two key instruments: the title and the Crown lease. Both can contain easements, encumbrances, or restrictive covenants that limit land use. A standard title search is not enough; you must review the lease terms alongside the title to understand your full obligations and restrictions. Failing to identify a lease variation or an easement can delay your settlement or halt your renovation plans.
Checklist: What Buyers Must Check in Official Property Records
Use this checklist when reviewing your ACT title documents:
- Current Title / State Lease: Order a Current Title / State Lease search ($74.50 AUD through TitleFinder) to see the current registered proprietor, lease expiry date, and any registered easements or encumbrances listed on the title.
- Easement Notations: Look for drainage, sewerage, or right-of-way easements. These often run along boundaries or through the middle of blocks, restricting where you can build structures like sheds, pools, or extensions.
- Crown Lease Conditions: Read the lease schedule carefully. It specifies the permitted land use, maximum building heights, and required set-backs. Check if a lease variation exists if the previous owner changed the use, such as converting a residence into a home office.
- Restrictive Covenants: Check for covenants that limit fence heights, building materials, or the colour of your roof. These are enforceable by neighbours or the original developer and remain on the title until formally removed.
- Unit Plan Details: For townhouses or apartments, examine the unit plan. It dictates your unit boundaries, common property, and exclusive use areas like courtyards or car spaces. Confirm the car space on the plan matches the one you inspected on site.
When to Order Additional Documents
The title and Crown lease reference other documents. You need to order these separately to get the full picture of the property's restrictions:
- Deposited Plan: If the title refers to an easement shown on a deposited plan, order that plan. It shows the exact physical location and dimensions of the easement on the block, letting you see exactly how much usable land you have.
- Lease Variations: If the lease has been varied, order the variation instrument. This shows the specific changes made, such as a shift from single residential to dual occupancy, and any new conditions attached to that change.
- Planning Certificate: Order a planning certificate to check for bushfire-prone land, heritage overlays, or other planning restrictions. These overlays interact with or sometimes override your easements and lease conditions, especially if you intend to subdivide or build a secondary dwelling.
Document Comparison: What Each Record Reveals
| Document | What It Reveals | When to Order It |
|---|---|---|
| Current Title / State Lease | Registered proprietor, lease term, registered easements, encumbrances, restrictive covenants | Always order for any ACT property purchase or transfer |
| Deposited Plan | Lot boundaries, dimensions, physical location of easements on the land | When the title notes an easement or boundary alteration |
| Lease Variation | Changes to original lease terms, including land use or development conditions | When the Crown lease history shows a registered variation |
| Unit Plan | Unit entitlements, common property boundaries, exclusive use areas | When buying a townhouse, apartment, or unit |
| Planning Certificate | Zoning, overlays, bushfire risk, heritage constraints | To verify what you can build or renovate on the land |
ACT Easement Risks for Buyers
Overlooking an easement property title Australian Capital Territory record can stall your build. If you build over a sewerage easement, you may have to demolish the structure if the authority needs access for maintenance. Similarly, failing to identify a restrictive covenant or a Crown lease condition that prohibits secondary residences can void your development plans. Always cross-reference the easement location on the deposited plan with your intended building envelope. Buyers purchasing into established unit plans must verify exclusive use areas. A garden shed built on common property without a proper exclusive use by-law may have to be removed. Checking these details before settlement gives you the option to renegotiate or walk away from a high-risk purchase.
Frequently Asked Questions
Can I build over an easement on an ACT property?
Generally, you cannot build over an easement. You must check the specific terms of the easement on the deposited plan and the Crown lease. Some minor structures like a paved pathway might be permissible, but you require consent from the authority that benefits from the easement before proceeding with any construction.
What is the difference between an easement and a restrictive covenant on an ACT title?
An easement gives another party the right to use part of your land, like a shared driveway or a drainage pipe. A restrictive covenant is a promise not to do something on your own land, such as a restriction on building above a certain height or using certain exterior claddings. Both bind future owners and run with the land.
Does a title search easement check include the Crown lease details?
Yes. When you order a Current Title / State Lease search through TitleFinder for $74.50 AUD, the results include the current title information and the associated Crown lease details. You see the lease term, purpose, and any registered variations, giving you a clear view of the property rights and restrictions.
This information is for due diligence purposes. Always consult a qualified conveyancer or legal professional for advice specific to your contract and circumstances.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- ACT Certificate of Title — $69.90
- ACT Deposited Plan — $85.90
- ACT Instrument — $91.80
If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.
Need the title search? Use the TitleFinder product links above to order the current title, plan, instrument or state-specific property record you actually need.
