We can assist with a range of subdivision and property related matters including:

• registration of plans of subdivision
• registration of various interests on property title
• advice on property titles, easements, covenants
• drafting off-the-plan contracts
• off-the-plan sales and purchases
• purchaser caveats and withdrawal of caveats
• mortgages and discharge of mortgage

Subdividing land

Subdivision involves the partition of a larger parcel of land into smaller portions. Once land is subdivided, a ‘title’ is created for each new portion and the land can then be separately sold or transferred.

Land subdivision is governed by a matrix of legislation, regulations, planning schemes and policies administered by local councils and other government bodies. Subdivision developments are complex. You will need to lodge the appropriate application if you want to subdivide your property and apply for a planning permit from the local council for any developments you intend to undertake during and after the subdivision.

Liaising with local councils and other bodies to ensure appropriate planning permits are obtained can be overwhelming. Retaining experienced professionals to liaise with authorities, prepare technical documentation, and explain titling and legal concepts is invaluable during this process.

Can my land be subdivided?

If you are purchasing land specifically for development, it is essential to undertake due diligence to ensure the land is suitable for your intended purpose. One of the first steps in a proposed subdivision is to determine the land’s zoning and ascertain what type of development is permitted on the land, as set out in the local planning scheme. A title search, plan of the land and zoning certificate will provide preliminary information about the land.

The proposed subdivision must also be consistent with local, regional and state planning objectives and policies, and address certain environmental and other matters.

Although we can assist with the registration process, it would be prudent to ensure that you have spoken with council and/ a qualified town planner to discuss your subdivisional needs.

Registrations of interests in property

Sometimes it is necessary or prudent to register certain interests on the title of property. Generally, the purpose of registration is to give notice to a person wishing to deal with the property that there is a specific interest held in or affecting the property. For example, a third party such as a lender/bank, will want to register a mortgage over property owned by you to protect its interest under a loan agreement.

Other ‘dealings’ affecting property, such as easements and covenants, are also registered on title. An easement is a right to use property belonging to someone else. An easement may be a private easement, such as a strip of land giving neighbouring landowners access to their property; or a public easement, such as an easement for the maintenance of sewerage or electricity services.

Large property developments usually require the creation of new easements and/or the variation/removal of existing easements. Changes to existing easements must be negotiated with the relevant landowners and identified on the proposed plan of subdivision.

Property law and conveyancing is technical and complex. We have a comprehensive understanding of property law and can help explain the implications of various registrations on the title to property and assist with preparing and registering the relevant documents.

If you need assistance, feel free to email us at [email protected] or call 03 9726 9569 for a no-obligation discussion and for expert conveyancing advice.