ACT Property Title Search Before Settlement: Buyer Due Diligence Checklist

ACT Property Title Search Before Settlement: Buyer Due Diligence Checklist

Quick answer

A property title search ACT reveals the registered owner, Crown lease terms, restrictive covenants, easements, and any registered encumbrances. Because all land in the Australian Capital Territory is leasehold, checking the Crown lease and any lease variations is mandatory before settlement. You can order a Current Title / State Lease search through TitleFinder for $74.50 AUD.

Why property due diligence ACT is different

Unlike other states, the Australian Capital Territory operates on a leasehold system. When you buy property in the ACT, you do not buy the freehold land; you buy the remaining term of a Crown lease. A title search Australian Capital Territory therefore centres on the conditions of that lease. Missing a lease variation or an undisclosed restriction can delay settlement or restrict how you use the property after purchase.

ACT property title search buyer checklist

Use this checklist when reviewing official property records for your ACT purchase.

1. Verify the Crown lease details

The Crown lease dictates your property rights. Check the remaining term of the lease—most residential leases are 99 years, but commercial or rural blocks may differ. Confirm the permitted use stated on the lease. If you plan to run a business from a residential block, the lease must allow it, or you must apply for a lease variation. Also check the commencement date and any unexpired rent review provisions.

2. Check for lease variations

A lease variation changes the original terms of the Crown lease. It might allow a different use, increase the plot density, or impose new development conditions. When you order your property due diligence ACT, look for any registered lease variations. If a seller claims they had development approval to subdivide, verify this by checking the official property records for a registered variation. Unregistered variations do not bind the territory and will not pass to you at settlement.

3. Review unit plans for apartments and townhouses

If you are buying a unit, the title search will reference a unit plan. You need to order this plan to understand what you actually own. The unit plan defines your unit boundaries, common property, and any exclusive use areas like car spaces or courtyards. Disputes over parking spots or garden areas often stem from buyers not checking the unit plan before settlement.

4. Identify restrictive covenants and easements

Restrictive covenants limit what you can build or do on the land—such as requiring a specific building material or prohibiting certain structures. Easements grant others the right to use part of your land, typically for utilities or access. Both appear on the title. Read these carefully. A covenant requiring you to maintain a specific facade or an easement giving a neighbour right-of-way will affect your property use.

5. Order the planning certificate

A planning certificate confirms the zoning and any planning overlays affecting the property. It tells you what the territory allows you to build under current planning rules, which may differ from what the Crown lease permits. Both the lease and the planning certificate must align for a development to proceed. Always order this alongside your title search.

Document comparison: What answers what

Document What it tells you When to order it
Current Title / State Lease Owner, Crown lease term, permitted use, registered encumbrances Always
Unit Plan Unit boundaries, common property, exclusive use areas Buying an apartment or townhouse
Planning Certificate Zoning, planning overlays, development potential Planning to renovate, extend, or rezone
Lease Variation Changes to original Crown lease terms Seller claims altered use or development approval

When to order additional documents

A standard property title search ACT covers the basics, but specific situations require deeper digging. Order additional dealings or instruments if you find references to them in the title register. If the title shows a registered mortgage or a caveat, you need the dealing document to understand the terms and ensure it will be discharged at settlement. If the property boundaries seem unclear, order the deposited plan to see the exact surveyed dimensions.

How to get your ACT title search

You can order a Current Title / State Lease search through TitleFinder for $74.50 AUD. We retrieve the document directly from official property records and deliver it to your inbox. Conveyancers, developers, and buyers use TitleFinder to get the documents needed for settlement without dealing with government portals.

Note: This article provides practical guidance for property buyers and does not substitute for conveyancing or legal advice.

Frequently asked questions

What is a Crown lease in the ACT?

In the ACT, all land is owned by the territory. A Crown lease grants you the right to use and occupy the land for a specified term, usually 99 years for residential properties. You hold an interest in the land, not the freehold.

Can I settle without checking the lease variation?

You can, but it carries high risk. Settling without verifying a lease variation means you accept the lease terms as they stand. If the seller promised a change of use that is not registered, you will have to apply for that variation yourself after settlement, which takes time and costs money with no guarantee of approval.

How much does an ACT title search cost?

Through TitleFinder, a Current Title / State Lease search costs $74.50 AUD. This covers the search of official property records and delivery of the document.

Order the right TitleFinder document

Use this guide as a reference, then order the actual record that answers your question:

If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.


Browse title search guides by state

Compare practical property title search guidance across Australia:


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.

Title Searches in Queensland

Official property title searches delivered within 2 hours

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Current Title / State Lease

Verify up-to-the-minute ownership and registered interests for a Queensland property, state lease, or water allocation. Essential for conveyancing, refinancing, and due diligence.

$74.50 AUD

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Historical Title Search

Track ownership changes and dealings on a Queensland title since 1994 (ATS). Ideal for investigations and long-form due diligence.

$86.50 AUD

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Certificate of Title Image

Access an image of the original paper Certificate of Title for information that predates 1994. Perfect for filling historical gaps.

$76.90 AUD

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Dealing Instrument

See the full registered document behind a dealing number—transfer, mortgage, easement, covenant, caveat, lease or power of attorney.

$91.80 AUD

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Survey Plan (SP/RP)

View the official survey plan to confirm boundaries, bearings, distances, area and on-plan easements. Essential for design, fencing and access checks.

$85.90 AUD

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