Quick Answer: A title search in the Australian Capital Territory shows the current registered proprietor, any registered interests (mortgages, covenants, easements, caveats), and the Crown lease details. Registered interests are claims or restrictions recorded against the title that affect what the owner can do with the land. Reading one means checking the lease, scanning for encumbrances, and ordering supporting documents when anything unusual appears.
What an ACT Title Search Shows
ACT land titles differ from most states because nearly all land is held under a Crown lease (also called a state lease). The title search lists:
- The registered proprietor (owner)
- The Crown lease number and term
- Registered interests: mortgages, caveats, easements, restrictive covenants, lease variations
- Unit plan details (for apartments and townhouses)
Each interest appears with a reference number. Use that number to order the full document when you need the actual terms.
Understanding the Crown Lease
In the ACT, the Crown lease is the foundational document. It sets out:
- The purpose for which the land may be used (residential, commercial, etc.)
- The lease term (commonly 99 years)
- Any development conditions
- The rent payable to the Territory
What to check:
- Does the lease purpose match your intended use? If you want to run a home business, confirm the lease permits it.
- Has the lease term been renewed or extended? Check the expiry date.
- Are there development conditions that restrict what you can build?
If the lease has been varied, you will see a "lease variation" listed as a registered interest. Order that variation document to understand what changed.
Unit Plans in the ACT
If the property is a unit or apartment, the title references a unit plan. The unit plan defines:
- Unit boundaries (including attached structures like balconies)
- Common property areas
- Unit entitlements (which determine your share of owners corporation costs)
What to check:
- Does the unit plan match what you see on site? Discrepancies in boundaries or structures can signal unapproved modifications.
- What are your unit entitlements? Higher entitlements mean higher ongoing costs.
- Are there by-laws registered against the unit plan that restrict pets, renovations, or short-term letting?
Order the full unit plan and the schedule of unit entitlements as part of your due diligence.
Restrictive Covenants
A restrictive covenant is a registered interest that limits what the owner can do. In the ACT, common covenants include:
- Building height limits
- Setback requirements
- Materials restrictions (e.g., roof colour or cladding type)
- Prohibitions on subdividing
What to check:
- Read the covenant text. Some are minor; others can block extensions or redevelopment entirely.
- Check whether the covenant has a sunset clause (expiry date) or runs in perpetuity.
- If you want to remove or vary a covenant, factor in the time and cost of applying for a lease variation.
Lease Variations
A lease variation changes the terms of the original Crown lease. These are registered as interests on the title. Common reasons include:
- Changing the permitted use (e.g., from residential to mixed-use)
- Adjusting development conditions
- Consolidating or subdividing the lease
What to check:
- Order the lease variation document to read exactly what changed.
- Confirm the variation was registered — not just applied for.
- Check whether the variation imposed new conditions that affect your plans.
Easements, Mortgages and Caveats
Other registered interests to identify:
- Easements: Give another party the right to use part of your land (for drainage, access, or services). Order the easement plan to see where it falls on the block.
- Mortgages: Indicate the current owner has a lender. They do not directly affect you as a buyer (your own mortgage replaces them at settlement), but they confirm the owner's encumbrances.
- Caveats: Warnings that someone claims an interest in the property. Never ignore a caveat — order the underlying document to understand the claim.
Planning Certificates
A planning certificate is not on the title itself but is essential reading alongside it. It tells you:
- The zoning that applies to the land
- Whether the current use is permitted
- Any planning overlays or constraints
Order a planning certificate when the title shows a Crown lease with specific purpose restrictions, or when you are considering development or a change of use.
ACT Registered Interests Checklist
Work through this list before committing to a purchase:
- Crown lease purpose matches your intended use
- Lease term and expiry date confirmed
- All lease variations identified and full documents ordered
- Unit plan boundaries and entitlements checked (if applicable)
- Restrictive covenants read and impact assessed
- Easement locations mapped against the site plan
- Caveats investigated before proceeding
- Planning certificate ordered for zoning and overlays
- Development conditions reviewed
Document Comparison
| Registered Interest | What It Tells You | When to Order the Full Document |
|---|---|---|
| Crown Lease | Permitted use, term, conditions | Always — it is the primary lease |
| Lease Variation | Changes to original lease terms | When any variation is listed on title |
| Restrictive Covenant | Restrictions on building or use | When covenants appear on title |
| Easement | Third-party rights over part of the land | When easements are listed |
| Unit Plan | Unit boundaries, common property, entitlements | For all unit and apartment purchases |
| Caveat | Claim of interest by a third party | Immediately — never ignore a caveat |
| Mortgage | Existing lender on title | Typically replaced at settlement |
A Current Title / State Lease search through TitleFinder is $74.50 AUD and gives you the register entries. Factor in additional costs for individual plans and dealings when they appear on title.
This article is general in nature and does not constitute legal advice. Always consult a qualified conveyancer or solicitor for advice specific to your transaction.
Frequently Asked Questions
What does "registered interest" mean on an ACT title?
A registered interest is any claim, right, or restriction officially recorded against the title. This includes mortgages, easements, restrictive covenants, caveats, and lease variations. Anything not registered does not bind a buyer, so the title search is the definitive record of what affects the property.
How do I find the Crown lease conditions for an ACT property?
Order a title search. The results list the Crown lease number and any registered variations. To read the actual conditions, order the lease document and any variation documents using the reference numbers shown on the title.
Can a restrictive covenant be removed from an ACT title?
It is possible but not straightforward. Removing a restrictive covenant in the ACT typically requires a lease variation, which involves an application, assessment, and registration. There is no guarantee of approval. Check the covenant for a sunset clause first — some expire automatically after a set period.
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.
