Quick Answer
To read an ACT title search, start with the Crown lease type and remaining term, then check for encumbrances, restrictive covenants, unit plan references, and any lease variations. ACT titles are leasehold — the Crown owns the land and grants leases — so the lease conditions control what you can build, alter, or use the property for. Ordering a Current Title / State Lease search ($74.50 AUD) through TitleFinder gives you the core documents to begin due diligence.
How ACT Titles Differ from Other States
In the Australian Capital Territory, all land is held under Crown lease, not freehold. Every property title is a lease from the Crown, typically for 99 years. The lease sets out permitted land use, development conditions, and ongoing obligations. When you read a title search in the ACT, you are reading a leasehold interest — not a freehold estate — and that changes what you need to check.
The three key documents in an ACT title search are:
- Crown Lease — sets the term, permitted use, and development conditions
- Title (folio) — registers ownership, encumbrances, and interests
- Unit plan (for apartments and townhouses) — defines units, common property, and corporation details
What to Check on the Crown Lease
The Crown lease is the single most important document in an ACT title search. Check these items:
- Lease term and expiry — Confirm how many years remain. A lease with 30 years left behaves differently to one with 90 years remaining for financing and resale.
- Permitted use — The lease specifies whether the land must be used for residential, commercial, or other purposes. Buying a property with a residential-only lease and planning to operate a business from it breaches the lease terms.
- Development conditions — Some leases require completion of building works within a set timeframe or restrict the type of structures allowed on the site.
- Lease variations — A lease variation changes the original lease terms, such as permitted use or development conditions. Always check whether variations have been registered and what they alter.
If the lease has been varied, order the lease variation document to read the exact changes. A variation might permit a different use or relax a building condition, but it can also add new obligations.
Checking Encumbrances and Restrictive Covenants
Encumbrances on an ACT title are registered interests that restrict or burden the property. Common types include:
- Mortgages — Must be discharged at settlement. Confirm the lender and registration details.
- Easements — Drainage, right of way, or utility easements affect where you can build or landscape.
- Restrictive covenants — Private agreements limiting what the owner can do, such as fence height, building materials, or colour schemes. These run with the land and bind future owners.
- Caveats — Signal that a third party claims an interest. Investigate before proceeding.
Restrictive covenants in the ACT often appear in older subdivisions or estate developments. Read the covenant wording carefully — some are enforceable by a residents' association, others by specific landholders named in the covenant.
Unit Plan Checks for Apartments and Townhouses
If the property is part of a unit plan, the title search will reference the unit plan number. Check the following:
- Unit entitlement — Determines your share of common property costs and voting rights in the owners corporation.
- Common property boundaries — What you own versus what the owners corporation controls and maintains.
- By-laws — Rules on pets, renovations, parking, and noise.
- Owners corporation records — Order separately to check financial health, pending special levies, and dispute history.
Order the full unit plan if you need to confirm boundary dimensions or common property allocations.
Lease Variations: When to Order More
A lease variation is registered as a separate instrument on the title. If the title search shows a lease variation reference, order that variation document. Common reasons for variations include:
- Change of permitted use (for example, from residential to mixed-use)
- Consolidation or surrender of part of the lease area
- Removal or alteration of development conditions
For developers, the lease variation history tells you whether the site has already been through a use change — and whether further variation is likely to be approved by the relevant authority.
Planning Certificates
A planning certificate confirms the planning controls applying to the land. It is not part of the title, but investors should order one alongside the title search. The certificate shows:
- Current zoning
- Overlay controls (heritage, bushfire, environmental)
- Whether existing structures comply with current planning rules
Order a planning certificate when the intended use or development depends on zoning compliance. It is a separate document, not included in the title search, but essential for investment due diligence.
Investor Checklist: ACT Title Search
- Confirm Crown lease type, term remaining, and expiry date
- Read permitted use clauses — match to your investment strategy
- Check for registered lease variations and read each variation document
- List all encumbrances: mortgages, easements, restrictive covenants, caveats
- If unit plan: verify unit entitlement, common property, and by-laws
- Order a planning certificate to confirm zoning and overlays
- Cross-check boundary details against the deposited plan or unit plan
- Verify the seller is the registered proprietor on the current title folio
Key ACT Title Documents Compared
| Document | What It Shows | When to Order |
|---|---|---|
| Current Title / State Lease | Ownership, lease terms, encumbrances, interests | Every purchase — start here |
| Lease Variation | Changes to original lease conditions | If variation reference appears on title |
| Unit Plan | Unit boundaries, entitlements, common property | For apartments and townhouses |
| Planning Certificate | Zoning, overlays, planning compliance | If use or development depends on zoning |
Frequently Asked Questions
Is all ACT land leasehold?
Yes. Unlike other states and territories, the ACT does not have private freehold land. All land is held under Crown lease. The standard residential lease term is 99 years, though terms vary. When you buy property in the ACT, you are buying the remaining lease term, not the land itself.
Can a restrictive covenant on an ACT title be removed?
It is possible to apply to have a restrictive covenant removed or varied, but it requires a formal process through official property records and may involve the lease variation process. Some covenants exist because they are tied to the Crown lease conditions and cannot simply be removed by agreement between private parties. Seek professional advice before attempting removal.
What happens when a Crown lease expires?
When a Crown lease expires, the land reverts to the Crown. In practice, the ACT government has a policy of granting new leases, but terms and conditions may change. Investors should factor the remaining lease term into valuations and be aware that lease renewal is not automatic — it involves a formal process and may attract new conditions or a premium.
This article is for general information only and does not constitute legal advice. Always consult a qualified professional 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.
