Quick Answer
A property title search ACT reveals caveats, Crown lease conditions, unit plan restrictions, and other encumbrances that affect your use of the land. ACT land is held under Crown lease, not freehold, so checking the lease terms is as important as checking for caveats. Order a Current Title / State Lease search through TitleFinder for $74.50 AUD to see the register details, then work through this checklist before settlement.
Why ACT Title Searches Are Different
In the Australian Capital Territory, all land is held under Crown lease. You are buying a leasehold interest, not freehold. The lease sets out what you can and cannot do with the property — from permitted use to development conditions. A caveat on an ACT title can signal an unresolved claim that may prevent transfer or restrict your rights.
A thorough property due diligence ACT check goes beyond looking for caveats. You need to understand the lease terms, any variations, and how they interact with planning rules and unit plan by-laws.
Buyer's Checklist: What to Check and Where to Find It
1. Caveats
What to check: Any lodged caveats claiming an interest in the property. These could be from lenders, contractors, or former partners with equitable interests.
Where to find it: The Current Title / State Lease search lists all registered caveats on the title.
Action: Identify the caveator and the nature of their claim. If a caveat is present, ask the vendor to have it removed before settlement, or obtain legal advice on how it affects your purchase.
2. Crown Lease Terms and Conditions
What to check: The purpose clause, development requirements, and any conditions about land use, building height, or setbacks. The lease also specifies rent (if any) and the lease term.
Where to find it: The State Lease document, which is included in the Current Title / State Lease search through TitleFinder.
Action: Confirm the current use of the property matches the permitted purpose in the lease. If you plan a different use or development, check whether a lease variation is required.
3. Lease Variations
What to check: Whether the Crown lease has been varied since it was originally granted. Variations can change permitted use, development conditions, or other terms.
Where to find it: Lease variations are noted on the title. The full variation documents can be ordered as separate dealings.
Action: Read the variation documents. A variation may permit a use that was previously restricted — or impose new conditions. When a variation is noted on the title, order the full instrument to understand what changed.
4. Unit Plans
What to check: If you are buying a unit or apartment, the unit plan defines the boundaries of your unit, common property, and any by-laws affecting your use.
Where to find it: The unit plan number is referenced on the title. Order the unit plan as a separate document through TitleFinder.
Action: Check that the plan matches what you see on site. Look for by-laws about parking, pets, renovations, or common property obligations. Confirm your lot and unit entitlements.
5. Restrictive Covenants
What to check: Any covenants limiting what can be built or done on the land, such as single-dwelling requirements, facade standards, or material restrictions.
Where to find it: Covenants are registered on the title and referenced in the Current Title search. The full text is available by ordering the relevant dealing.
Action: Determine whether the covenant is still enforceable and whether your intended use complies. Some older covenants may be obsolete — but do not assume they are unenforceable without checking.
6. Planning Certificates
What to check: The planning controls that apply to the land, including zoning, overlays, and any specific development constraints not captured in the lease.
Where to find it: Planning certificates are separate from the title. You order them through the relevant planning authority, not through TitleFinder.
Action: Cross-reference the planning certificate with the Crown lease. If there is a conflict between what the lease permits and what the planning rules allow, seek professional advice before proceeding.
Search Types Comparison
| Search Type | What It Shows | When to Order |
|---|---|---|
| Current Title / State Lease ($74.50 AUD) | Registered caveats, Crown lease terms, encumbrances, easements, unit plan reference | Always — this is your starting point |
| Unit Plan | Unit boundaries, common property, by-laws | When buying a unit, townhouse, or apartment |
| Lease Variation Dealing | Changed lease terms and conditions | When the title notes a lease variation |
| Restrictive Covenant Dealing | Full covenant text and conditions | When a covenant is noted on the title |
| Planning Certificate | Zoning, overlays, development constraints | Alongside your title search for full due diligence |
When to Order Additional Dealings
The Current Title / State Lease search gives you the register entries. Some interests are only fully understood by reading the underlying documents. Order additional dealings when:
- A caveat is listed and you need to understand the caveator's claim
- The lease has been varied and you need the new conditions
- A unit plan is referenced and you need lot boundaries and by-laws
- A covenant is noted and you need its full terms
Order each through TitleFinder as a separate document retrieval alongside your title search.
Frequently Asked Questions
Can a property be sold with a caveat still on the title in the ACT?
Yes, a property can settle with a caveat still registered, but it creates risk. The caveat may prevent the transfer from being registered, or it may signal a dispute that follows you after settlement. Always identify the caveator and understand their claim before proceeding.
Is a Crown lease the same as freehold?
No. In the ACT, all residential and commercial land is held under Crown lease, typically for 99 years. The lease includes conditions on use, development, and obligations that do not exist in freehold states. You need to read and understand the lease terms, not just the title register.
What is the difference between a planning certificate and a Crown lease?
A Crown lease is a tenure document that sets out your rights and conditions for the land. A planning certificate is a separate document from the planning authority confirming zoning and planning rules. They can impose different — and sometimes conflicting — requirements. Check both before you commit.
This guide is practical information, not legal advice. For specific questions about a caveat, lease variation, or covenant on an ACT property title, consult a qualified conveyancer or solicitor.
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.
