Quick Answer
To read a title search in the ACT, you must review both the current title and the underlying Crown lease. Mortgages appear as registered encumbrances listing the lender and dealing number. Because the ACT is a leasehold jurisdiction, you must also check the Crown lease for rent reviews, restrictive covenants, and lease variations that dictate what can be built on the land.
The Foundation: Crown Leases in the ACT
Unlike freehold states, the Australian Capital Territory operates on a leasehold system. When you buy property in the ACT, you are purchasing an interest in a Crown lease (also called a Territory lease) for a specific term, typically 99 years. Reading a title search here means checking the title register and the attached Crown lease terms at the same time.
When you order a Current Title / State Lease search through TitleFinder for $74.50 AUD, you receive both the current title details and the official Crown lease document. The lease dictates land use, development rights, and ongoing obligations to the Territory.
Mortgages on the Property Title Australian Capital Territory
Mortgages are the most common encumbrance. On an ACT title search, a mortgage appears under the encumbrances section. It lists the mortgagee (the lender) and the dealing number.
When checking mortgages property title Australian Capital Territory records, verify the following:
- Registration number: Matches the loan documents provided by the vendor.
- Mortgagee: The financial institution holding the security over the property.
- Priority: If multiple mortgages exist, the order of registration determines who gets paid first in a default scenario. A second mortgage ranks behind the first.
Before settlement, the vendor must discharge any existing mortgages. Your conveyancer will ensure the discharge of mortgage is lodged at settlement so the title is cleared for your new mortgage.
Common Title Encumbrances ACT
Beyond mortgages, you must check for other title encumbrances ACT records reveal. These restrict what you can do with the land or obligate you to maintain certain standards.
Restrictive Covenants
A restrictive covenant is a binding rule placed on the land by the lessor or a developer. It might dictate building materials, roof colours, or prevent certain structures (like caravans) from being stored on the property. If you breach a covenant, the Territory or a neighbouring owner can enforce it.
Easements
Easements grant another party the right to use a portion of your land for a specific purpose. Common easements in the ACT include drainage, sewerage, and power supply. You cannot build over an easement without consent from the benefiting authority.
Lease Variations
Over time, the original Crown lease may have been altered through a lease variation. A variation can change the permitted land use (for example, from single residential to multi-unit), adjust the lease term, or introduce new development conditions. You must read the variation document to understand the current obligations. Order the lease variation instrument if the title notes a variation dealing.
Unit Plans and Townhouses
If you are buying a townhouse or apartment, the property is governed by a unit plan. The title search will reference the unit plan number. When you order the unit plan, check the following:
- Unit entitlement: Determines your share of common property costs and voting rights in the owners corporation.
- Common property: Identifies areas maintained by the owners corporation versus areas you maintain individually.
- By-laws: Rules specific to the complex covering pets, parking, and noise.
When to Order a Planning Certificate
A title search tells you what is registered against the property right now. It does not tell you about future planning constraints or Territory planning policies. For a complete picture—especially if you intend to redevelop—order a planning certificate alongside the title. The planning certificate outlines the applicable zoning, overlay zones, and development parameters under the Territory Plan.
ACT Title Due Diligence Checklist
Use this checklist when you receive your title and Crown lease search:
- Verify the lease term remaining on the Crown lease (standard is 99 years from grant).
- Confirm the registered proprietor matches the vendor.
- Identify all mortgages and ensure discharges are arranged for settlement.
- Check for restrictive covenants that limit your intended building works.
- Note any easements and map them against the survey to avoid building over them.
- Review any lease variations for changed land use conditions.
- If a unit plan applies, order the plan to check entitlements and by-laws.
- Order a planning certificate to check zoning and future development controls.
Title Search vs. Planning Certificate
| Document | What it Shows | When to Use |
|---|---|---|
| Current Title / State Lease | Legal ownership, mortgages, encumbrances, Crown lease terms, lease variations | Always required for conveyancing and due diligence |
| Planning Certificate | Zoning, Territory Plan overlays, development potential, heritage constraints | Required if you plan to develop, subdivide, or change the property use |
Frequently Asked Questions
Does an ACT title search show unregistered mortgages?
No. A title search only shows registered interests. If a vendor has a private loan that is not registered against the title, it will not appear. This is why conveyancers require vendor statements declaring all debts.
What happens if the Crown lease has a rent review?
Some older ACT Crown leases include a clause for rent reviews. If the lease requires it, you must pay an annual lease rent to the Territory. Most modern residential leases have a peppercorn rent, but always check the lease document to confirm your ongoing obligations.
Do I need to order the unit plan separately from the title?
Yes. The title search references the unit plan number, but you must order the unit plan document separately to see the specific boundaries, common property, and unit entitlements. Order it as an additional instrument when you request your title search through TitleFinder.
Always review the full set of official property records before committing to a purchase. If you find complex encumbrances or lease variations, consult a qualified ACT conveyancer to assess the impact on your intended use of the land.
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.