Quick Answer
An ACT title search—a copy of the current Crown lease—lists the registered proprietor, the lease term and all registered interests. Caveats and encumbrances appear as memorials. You need to read each memorial to understand who holds an interest and whether it can be removed before settlement. When you order a Current Title / State Lease search through TitleFinder ($74.50 AUD), you receive the current folio of the official property records showing everything recorded at the land titles level.
What an ACT Title Search Shows
In the ACT, land is held under Crown lease, not freehold. The title search displays the lease details: volume and folio, district/division/section/block, registered proprietor, lease term and commencement date. After the lease header, the register includes a schedule of memorials—a list of registered dealings that affect the title. Common entries include mortgages, caveats, easements, restrictive covenants, unit plan notations, lease variations and writs. Each memorial has a dealing number, nature of interest, lodgement date and the parties involved.
Reading the title means scanning every entry in that schedule, not just the front page. An unnoticed caveat or lease variation can delay settlement or block your intended use.
Caveats on an ACT Title
A caveat is a statutory warning that someone claims an unregistered interest in the land. On the title search, you will see the caveat number, the caveator’s name and the date it was lodged. The title does not spell out the grounds—for that, you need a copy of the caveat dealing itself. Common caveats arise from unregistered contracts of sale, options to purchase, or equitable charges.
If you find a caveat, ask the vendor’s solicitor to confirm it will be withdrawn at settlement and request a copy of the dealing. You can order a dealing copy through TitleFinder as an additional document to verify whether the claimed interest is substantive or stale.
Restrictive Covenants
A restrictive covenant is a private agreement registered on the title that limits what you can build or do on the land. In older ACT suburbs, covenants often control building materials, the number of dwellings, fence styles or even the colour of a roof. The title search will show the covenant as a memorial, typically with a notation “Restrictive Covenant” or “Covenant” referencing the original transfer or instrument.
The exact wording is in the covenant document. Obtain that instrument and read every clause. If you plan to renovate, subdivide or add a second dwelling, check whether the covenant blocks that use. You cannot ignore a registered covenant—it runs with the land.
Unit Plans (Strata Title)
If the property is a unit, the title will carry a unit plan notation. The title search alone does not show lot boundaries, common property areas or by-laws. You need the registered unit plan. The unit plan defines which parts of the building are common property (and who must maintain them), any exclusive-use courtyards or car spaces, and the by-laws that regulate pets, noise and alterations.
Always order the unit plan when buying a unit. Add it to your TitleFinder order together with the current title search. Check the by-laws for restrictions that could affect your lifestyle, such as a ban on hard floors or short‑stay letting.
Lease Variations
A Crown lease can be varied to change the permitted purpose (e.g., from single residential to dual occupancy) or to remove a concessional status. A lease variation appears as a memorial labelled “Variation of Crown Lease.” If you see one, get a copy of the variation instrument. It will tell you exactly how the Crown lease clause has been altered—crucial information if you intend to develop or use the property in a particular way.
Planning Certificates – The Missing Piece
The title search does not tell you zoning, overlays, heritage controls, bushfire risk or future planned roads. For those, you need a planning certificate from the territory planning authority. This is a separate document, not part of the official property records. Combine the planning certificate with the title search to get a full picture of what you can and cannot do with the land.
ACT Title Search Reading Checklist
- Confirm the registered proprietor matches the vendor on the contract.
- Check the Crown lease term and commencement date – a lease with less than 30 years remaining may need a replacement Crown lease.
- Scan every memorial in the schedule. Highlight any that are not a standard mortgage or discharge.
- For each caveat, note the dealing number and caveator. Ask the vendor’s solicitor for a withdrawal undertaking and obtain a copy of the caveat dealing.
- Identify any restrictive covenant. Order the covenant instrument and read the restrictions carefully.
- If there is a unit plan notation, order the unit plan and examine the by-laws and exclusive‑use allocations.
- Check for lease variations. Confirm the varied Crown lease purpose matches your intended use.
- Look for writs, court orders or charging orders that could bind the property.
- Cross‑check the encumbrances with the vendor’s disclosures in the sale contract.
- Order a planning certificate to understand zoning, overlays and development constraints.
Which Document Answers Which Question
| Document you need | Question it answers | How to order |
|---|---|---|
| Title Search (Crown lease) | Who owns the land and what registered interests exist? | Through TitleFinder – $74.50 AUD |
| Caveat dealing copy | Why was the caveat lodged and can it be withdrawn? | Add dealing copy to your TitleFinder order |
| Restrictive covenant instrument | What building or use restrictions apply? | Order the registered instrument |
| Unit plan | What are the lot boundaries, common property and by-laws? | Add unit plan to your order |
| Lease variation instrument | How has the Crown lease purpose or term been changed? | Order the lease variation dealing |
| Planning certificate | What is the zoning, and are there heritage or overlay controls? | Obtain from the territory planning authority |
Frequently Asked Questions
Can a caveat be removed from the title before settlement?
The caveator must withdraw the caveat. In most property sales, the vendor’s solicitor undertakes to have the caveat removed at settlement. If a caveat remains, it can block registration of the transfer. Always confirm the withdrawal arrangement in writing and, if in doubt, consult your conveyancer.
Do I need a planning certificate as well as the title search?
Yes. A title search tells you who holds the lease and what registered interests affect the land. It does not show zoning, permissible uses, heritage listings or overlays. A planning certificate fills that gap and should be reviewed alongside the title before you commit.
What is the difference between a restrictive covenant and a Crown lease purpose clause?
A restrictive covenant is a private agreement between landowners (or a developer) that restricts use—for example, limiting the property to a single dwelling. The Crown lease purpose clause is a condition imposed by the territory that states what the land may be used for (e.g., residential). Both can limit development, and you must comply with the stricter of the two.
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.