Real property cannot be owned absolutely. Private ownership allows the “owner” the right to enjoy or occupy land to a greater or lesser extent as a tenant of the Crown or Commonwealth. All land in the ACT is owned by the Commonwealth as the ultimate owner.

Therefore, all land is subject to the right of eminent domain. The lessee of the ACT Government is only allowed to use the land according to the lease purpose clause and the appropriate zoning. On the certificate of title the tenant in fee is described as "the registered proprietor of an estate in fee simple". The estates over freehold land are: