What is a Land Division?
A Land Division can be as simple as a shift of the boundary between neighbours to the creation of hundreds of new allotments.

Why do people want a Land Division or to Sub-divide ?
There are many reasons why people may choose to sub-divide their properties. Some reasons include:

  • maximising the financial return on their property,
  • reducing the land that they need to maintain,
  • used as an investment / superannuation / income stream
  • encroachment problems by one property owner onto another

Who can complete a Land Division?
As it effects the boundaries of a property the task can only be completed by a Licensed Surveyor (LS) who has the authority, backing and knowledge of laws and legislations that cover property boundary matters. A Conveyancer and various government bodies also play a role.

How many types of Land Divisions are there?
There are two main types. Discussions and clarification with the Licensed Surveyor should be undertaken before a firm decision is reached.

 

  1. 'Torrens Title'
    With 'Torrens Title' (TT) the property owner owns everything above and below the ground to all extremes of the boundary. All services (electricity, storm water, sewer, telephone) are contained within these boundaries. It is by far the most common form of ownership.
  2. Community Title
    Although similar to Torrens Title, differences include:
    • a common (shared) area is required, with rules to manage it.
    • can be a more flexible way to divide land.
    • development costs can be less

Although Strata Titles (ST) still exist no New ST may be developed. There is the ability to do something similar under the Community Title legislation.