Quick Answer
A title search mortgage on title check in the ACT reveals whether a registered mortgage, covenant, easement, or Crown lease condition affects the property you intend to buy. Every mortgage on title ACT records must be discharged at settlement; every encumbrance that survives settlement shapes what you can build, subdivide, or alter. Order the Current Title and State Lease search ($74.50 AUD) through TitleFinder, then cross-reference the schedule of encumbrances against the Crown lease, unit plan, and any lease variation documents before you commit.
Mortgages on ACT Property Titles
A mortgage on title property title Australian Capital Territory records registers the lender's security interest. When you order a title search mortgage on title results will show:
- The registered mortgage number and registration date
- The mortgagee (lender) name
- Whether the mortgage has been discharged
If a mortgage appears on title, the vendor must arrange its discharge at or before settlement. An undischarged mortgage on settlement day can delay the transfer. Confirm with your conveyancer that discharge paperwork is lodged in time.
Multiple mortgages indicate refinancing or second mortgages. Each must be discharged. Check whether any caveat sits alongside the mortgage — caveats freeze dealings on the title until resolved.
Encumbrances Beyond Mortgages
ACT titles list all registered encumbrances in the schedule. Common encumbrances that carry real risk include:
- Restrictive covenants — limit land use, building materials, or subdivision. A covenant might require brick construction only or ban secondary dwellings. Covenants in the ACT run with the land unless formally varied or removed through a lease variation.
- Easements — grant rights over your land to a neighbour or utility provider. Drainage and sewer easements restrict where you can build. Cross-reference easements on the title with the deposited plan or unit plan to locate them on the ground.
- Profit à prendre — grants someone the right to take produce or soil from your land. Rare, but check if one exists on rural leases.
Crown Lease Conditions
All freehold land in the ACT is held under a Crown lease (territory lease). The lease sets the permitted purpose, development conditions, and use restrictions. Key checks:
- Purpose clause — Does the lease allow residential, commercial, or mixed use? Buying a property on a lease that specifies "commercial only" creates a legal problem.
- Development conditions — May require building within a set timeframe or to specific standards.
- Lease compliance — Breach of lease conditions can trigger forfeiture proceedings by the territory. Request a lease compliance statement if the property has had alterations.
Order the State Lease document alongside the Current Title to see the full lease terms. TitleFinder supplies both as part of the $74.50 AUD Current Title / State Lease search.
Unit Plans and Their Risks
ACT unit titles (apartments, townhouses) are defined by a unit plan registered against the title. The unit plan shows:
- Unit boundaries and common property
- Exclusive use areas (courtyards, car spaces)
- Common property easements
Check whether the unit plan includes any development consent condition, a building management statement, and whether the owners corporation has registered additional by-laws as encumbrances. Unregistered alterations to the unit (an enclosed balcony, for example) may not match the unit plan and cause problems at resale.
Lease Variations
A lease variation changes the terms of the original Crown lease — for example, changing the purpose clause to allow higher-density development or adjusting block boundaries after subdivision. Lease variations are registered as dealings on the title. Check:
- Whether any lease variation is pending or conditionally approved — the new terms may not yet be enforceable.
- Whether the variation introduces new development charges or betterment levies.
- Whether the variation aligns with the current planning certificate.
Planning Certificates
A planning certificate reveals zoning, heritage overlays, and planning restrictions that sit outside the title but bind the land. It answers a different question to the title search: the title shows registered encumbrances; the planning certificate shows statutory planning controls. Order both. A property may have a clean title but sit in a zone that blocks your intended development.
What to Order and When
| Document | What It Reveals | When to Order |
|---|---|---|
| Current Title / State Lease | Registered mortgages, encumbrances, lease purpose, lease conditions | Before making an offer or during cooling-off |
| Deposited Plan / Unit Plan | Easement locations, unit boundaries, common property | After title review, if easements or unit titles appear |
| Lease Variation Dealing | Changes to original Crown lease terms | If title shows a registered lease variation dealing |
| Planning Certificate | Zoning, heritage, statutory planning controls | During due diligence, alongside title search |
Buyer's Encumbrance Checklist
- Order the Current Title / State Lease search ($74.50 AUD) through TitleFinder
- Check the schedule of encumbrances for mortgages, caveats, covenants, and easements
- Confirm every mortgage will be discharged at settlement
- Read the Crown lease purpose clause against your intended use
- Cross-reference easements with the deposited plan or unit plan
- Check for registered lease variations and their conditions
- For unit titles, review the unit plan, exclusive use areas, and any owners corporation encumbrances
- Order a planning certificate for zoning and heritage controls
- Flag any unregistered alterations or lease compliance issues to your conveyancer
Frequently Asked Questions
Does a discharged mortgage still appear on an ACT title?
Yes. A discharged mortgage remains listed on the title schedule, but the discharge is registered as a separate dealing. The title will show both the mortgage and its discharge. Your conveyancer can confirm the discharge is registered in official property records.
Can I buy a property with an undischarged mortgage on title?
Yes, but the mortgage must be discharged at or before settlement. Settlement agents typically coordinate this. If the vendor cannot discharge the mortgage, the property may not transfer cleanly. Always run a title search mortgage on title check close to settlement to confirm discharge has been lodged.
What is the difference between a restrictive covenant and a Crown lease condition in the ACT?
A restrictive covenant is a private encumbrance registered on title by a previous owner or developer — it limits use and runs with the land. A Crown lease condition is a term of the territory lease governing the land. Both restrict what you can do, but a lease condition derives from the lease contract with the territory, while a covenant is a property-based restriction. Removing or varying either requires a formal process through official property records.
This article is general information only, not legal advice. Consult your conveyancer or solicitor for advice specific to your transaction.
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.