Quick Answer
On an ACT title search, easements appear as registered encumbrances or notations on the Crown lease. Check the Encumbrances section for registered easements, the Covenants section for use restrictions, and any Lease Variation entries that modify existing rights. Always cross-reference the unit plan or deposited plan to see where easements physically fall on the property.
Understanding the Crown Lease Structure
All land in the Australian Capital Territory is held under a Crown lease — also called a State lease. Unlike freehold titles in other states, the lease sets out the permitted use, development conditions, and term. When you read a title search in the ACT, you are reading lease terms and any variations to them. Easements and other encumbrances exist within this leasehold framework, meaning a lease variation can create, modify, or remove them.
Before examining easements, confirm the Crown lease term and expiry date. A short remaining term can limit your ability to finance or develop the property, and lease conditions may override or interact with registered easements.
Where Easements Appear on an ACT Title Search
On the title document, look for these key sections:
- Encumbrances — Lists every registered easement with a dealing number and brief description, such as "Right of carriageway 1.5m wide over Lot 12".
- Covenants — Restrictive covenants that limit land use, often tied to the original Crown lease conditions or estate development requirements.
- Notations — Caveats, liens, or other interests that may signal an easement in progress or under dispute.
- Lease Variation Details — Any formal change to the original Crown lease, including the grant or modification of easements.
The dealing number next to each entry lets you order the full instrument text. That document contains the precise terms, scope, benefited and burdened parties, and any maintenance obligations.
Common Easement Types in the ACT
- Right of Carriageway — Shared driveway access, common on battle-axe or rear blocks. Check the plan for the exact corridor width and location.
- Drainage and Sewerage — Authority easements for underground services. These restrict building or paving over the easement corridor.
- Electricity Easement — Corridors for power infrastructure. Verify setback requirements before planning structures nearby.
- Party Wall Easement — Common in duplex and townhouse developments on unit plans. Governs shared wall maintenance and modification rights.
- Support Easement — Protects structural support from neighbouring buildings, relevant in higher-density areas.
Each easement identifies a burdened lot (your property, which must accommodate the easement) and a benefited lot (the neighbour or authority that holds the right).
Easement Types: Where to Find Them and What to Order
| Easement Type | Where Shown on Title | What to Order for Full Detail |
|---|---|---|
| Right of Carriageway | Encumbrances section | Dealing/instrument + Deposited Plan |
| Drainage / Sewerage | Encumbrances or lease notation | Dealing/instrument + Planning Certificate |
| Party Wall | Unit Plan encumbrances | Unit Plan + Dealing/instrument |
| Restrictive Covenant | Covenants section | Dealing/instrument |
| Electricity Easement | Encumbrances section | Dealing/instrument |
Other Title Encumbrances ACT Buyers Must Check
Restrictive Covenants: These restrict what you can build or do on the land. Common in newer estates, they may mandate building materials, fence types, or single-dwelling-only provisions. They bind current and future owners and survive the sale. Read the covenant text in the dealing instrument — summary descriptions on the title can be misleading.
Lease Variations: A variation to the original Crown lease can change the permitted use, add development conditions, or grant or modify easements. If the lease has been varied, the variation deed number appears on the title. Always order the variation instrument to understand what changed and how it affects your intended use.
Unit Plan Encumbrances: For townhouses and apartments, the unit plan defines common property, unit boundaries, and easements over common property. Unit plan encumbrances are shared across all unit holders through the owners corporation. Request the full unit plan and the owners corporation records if you are buying a unit title.
Planning Certificates: While not part of the title itself, a planning certificate reveals zoning, overlay constraints, and infrastructure easements that may not yet be registered on title. Order one before committing to any development or renovation plans.
Practical Checklist: Reading Your ACT Title Search
- Confirm the Crown lease term, expiry date, and permitted use
- List every entry under Encumbrances — record the dealing number for each
- Read each restrictive covenant in full — check for building or use restrictions
- Check for lease variations — order the variation deeds for complete terms
- For unit titles, review the unit plan for common property and shared easements
- Map easement locations against the deposited plan or unit plan
- Confirm whether easements burden or benefit the lot you are buying
- Cross-check with a planning certificate for unregistered infrastructure constraints
- Verify that Crown lease rent and rates are current
When to Order Additional Documents
Order the full dealing or instrument when the easement description on the title is vague — such as "various easements — see plan" — or when you need the exact width, depth, and location of a services easement. A restrictive covenant also requires the instrument text to interpret whether your intended use is permitted.
Order the deposited plan or unit plan when you need to see easement corridors drawn on the plan, or when common property boundaries affect a proposed renovation or extension.
Order a planning certificate when you intend to develop, subdivide, or change the use of the property, or when the Crown lease conditions are ambiguous about what development is allowed.
A Current Title / State Lease search through TitleFinder is $74.50 AUD and includes lease details and registered encumbrances. Additional instruments and plans are ordered separately as needed.
Frequently Asked Questions
Can an easement be removed from an ACT title?
An easement can be surrendered or varied if the benefited party agrees and the change is registered through official property records. In the ACT, removing or modifying an easement on Crown lease land may also require authority approval. Seek conveyancing advice before attempting removal — the process is not automatic.
What is the difference between an easement and a restrictive covenant on an ACT title?
An easement grants a right to use part of your land for a specific purpose — such as access or drainage — and usually benefits a neighbouring lot or authority. A restrictive covenant imposes a limit on what you can do with your land, such as restricting building height or materials, and typically benefits a developer or estate. Both appear as separate entries on the title and both require the dealing instrument for full detail.
Do all ACT titles show easements?
Not every ACT property has registered easements. If the Encumbrances and Covenants sections are blank, no easements or restrictive covenants are currently registered. However, a planning certificate may still reveal infrastructure constraints or proposed easements that are not yet on the title, so always cross-check before you build or renovate.
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.