Land division

We can help with all your land division needs as we act for a range of clients from first time “mum and dad” developers to corporate developers and everyone in between.

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Subdividing? Re-aligning boundaries? Amalgamating allotments? Creating a group of units / townhouses?

We can help with all your land division needs as we act for a range of clients from first time “mum and dad” developers to corporate developers and everyone in between.

The process for subdividing land can be time consuming, complex and expensive so before taking the big step, it’s essential that you arrange a consultation with us so we can provide you with an estimate of costs and advise you of the steps in the process.

A surveyor will prepare the plan and necessary paperwork to lodge with DAC and a Conveyancer will prepare the necessary application to be lodged in the Land Titles Office (LTO).

We can also project manage the whole process from beginning to end, which involves liaising with the Surveyor, Valuer, Development Assessment Commission, Council, Lands Titles Office and your financial institution and ensure your transaction is completed as smoothly and stress-free as possible.

A brief outline of the following 3 different types of land division in South Australia is set out below:

  • Torrens
  • Community scheme
  • Community Strata scheme

Torrens Titles

A Torrens Title is a single certificate of title for an allotment of land. It is the most common type of title in South Australia.

The Torrens title certificate shows:

  • Details of who currently owns the property.
  • Any easements – For example an easement for underground water or electrical pipes.
  • Any encumbrances – For example a mortgage registered on the property.
  • The title’s unique reference details (Volume and Folio numbers).

Community Titles

A community title divides land into lots and common property. There are two types of community title:

  • Community scheme
  • Community Strata scheme

Community Schemes

The boundaries for each lot in a community scheme are defined by surveyed land measurements. They are unlimited in height and depth unless otherwise specified. The owner of each lot is responsible for the maintenance and insurance of any building on their lot. They have no obligations for the maintenance or upkeep of any other building. The community corporation is responsible for insuring any buildings or structures in common areas.

Community Strata Schemes

The boundaries for each lot in a community strata scheme are defined by the buildings on the Community parcel. Not dissimilar to a strata title however the buildings themselves are considered to be common property. It is the responsibility of the community corporation to insure and maintain the buildings.

The community corporation

The community corporation is formed on deposit of the plan in the Lands Titles Office and consists of the current owners of the lots in the scheme. The community corporation’s functions include the administering and maintaining the common property, enforcing by-laws and managing development contracts.

The lot entitlements which are annexed to the community plan determine the share that lot owners contribute to insurance and other fees charged by the corporation.

Community by-laws

All community schemes must have by-laws that include provision for administering, managing and regulating the use and enjoyment of the common property and community lots. By-laws may impose penalties for failure to comply with a by-law.

The original by-laws document is lodged in the Land Titles Office (LTO) at the same time as the community plan.