ACT Property Title Search for Easement Checks: Buyer Checklist

Quick Answer

A property title search ACT reveals easements, Crown lease conditions, and restrictive covenants affecting a property. Buyers in the Australian Capital Territory must order a Current Title / State Lease search to identify these encumbrances before exchanging contracts.

Why Title Searches Differ in the ACT

Unlike other states, most freehold land in the Australian Capital Territory is held under a Crown lease (also called a state lease). This means your property due diligence ACT must cover both the standard title encumbrances—like easements and covenants—and the specific conditions of the lease itself. Ordering a title search Australian Capital Territory through TitleFinder provides the current title and the state lease for $74.50 AUD, giving you the baseline documents needed to assess property risks.

What to Check on an ACT Title

When you receive the official property records, review the following items methodically.

1. Easements

Easements grant another party the right to use a portion of the land for a specific purpose, such as drainage, sewerage, or right of way. In the ACT, easements are registered on the title and often reference a deposited plan or instrument.

• What to look for: Check the second schedule of the title for easement references. Identify the type (e.g., drainage), the burden and benefit, and the physical location on the plan.
• When to order a plan: If the title references a specific plan or dealing for the easement, order that document to see the exact dimensions and terms. A drainage easement can dictate where you cannot build or pave.

2. Crown Lease (State Lease) Conditions

The Crown lease dictates how the land may be used. It sets out the permitted land use, building and development conditions, and any compliance requirements.

• What to look for: Verify the permitted land use matches your intended use (e.g., single residential). Check for development conditions, landscape requirements, or time limits for completing construction.
• When to order a variation: If the current use does not match the lease, a lease variation may have been registered. Order any referenced variation instruments to confirm the change is officially recorded.

3. Restrictive Covenants

A restrictive covenant limits what you can do on the land. In newer ACT suburbs, covenants might mandate specific building materials, colour schemes, or minimum dwelling sizes.

• What to look for: Review the second schedule for covenant references. Note the specific restrictions and whether they apply to the current owner or run with the land.
• When to order an instrument: Order the referenced dealing or instrument to read the full covenant text. Relying on the title notation alone is a risk.

4. Unit Plans

If you are buying a townhouse or apartment, the property will be part of a unit plan. The unit plan dictates the boundaries of your unit, common property, and any exclusive use areas like car spaces or courtyards.

• What to look for: Confirm the unit entitlement, which affects your strata levies and voting rights. Check the schedule of unit plan by-laws for pet restrictions or renovation rules.
• When to order a plan: Always order the unit plan and its by-laws. The current title will reference the unit plan number, which you need to retrieve to understand the full property structure.

5. Planning Certificates

A planning certificate provides information about the zoning and applicable planning controls for the land under the territory planning framework.

• What to look for: Cross-reference the zoning with the Crown lease permitted use. The zoning dictates what development is theoretically allowed, while the lease dictates what you are contractually allowed to do.
• When to order: Order a planning certificate early in your property due diligence ACT process if you intend to develop, extend, or change the use of the property.

Buyer Checklist: ACT Title Documents

Use this checklist to track your title search Australian Capital Territory requirements.

1. Order the Current Title / State Lease search ($74.50 AUD via TitleFinder).
2. Identify and list all easements on the title.
3. Read the Crown lease for permitted use and development conditions.
4. Check for restrictive covenants and order the full instrument if referenced.
5. Verify any lease variations against the original lease.
6. For units: order the unit plan and by-laws to check entitlements and restrictions.
7. Order a planning certificate if development or extensions are planned.

Document Comparison: What Answers Your Question?

Disclaimer: This article provides general information for property buyers. Consult a qualified conveyancer or solicitor for advice specific to your transaction.

Frequently Asked Questions

Does the ACT use Torrens title?

Yes, the Australian Capital Territory operates under a Torrens title system, but almost all land is held under a Crown lease. When you order a property title search ACT, you receive the Torrens title details alongside the state lease, as both documents are required to understand the full property rights.

What is the difference between an easement and a restrictive covenant?

An easement grants a right to use the land, such as a right of carriageway or a drainage right. A restrictive covenant imposes a limitation on how the land can be used, such as prohibiting certain building materials. Both appear in the second schedule of the title and require a full document search to understand their impact.

Do I need to order a separate document for a lease variation?

Yes. The current title will note if a lease variation has been registered, but it will not contain the full terms. You must order the specific lease variation instrument from the official property records to see exactly what conditions were altered.

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.