Buy a garage from a neighbour (strata title)?

Discussion in 'The Buying & Selling Process' started by VB King, 20th Nov, 2015.

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  1. VB King

    VB King Well-Known Member

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    Hi everyone, hoping someone has some experience on this & can add some insight. I've tried googling the topic but not having much joy.

    I own a unit in a small strata titled block of 4. Each unit has 1 garage, except for 1 unit which has 2. I met the owner with the 2nd garage and due to his own circumstances would be willing to sell 1 garage he doesn't use. Actually, I think some additional parking would be useful & would be interested in buying it from him.

    Two questions;

    What's involved legally (strata, council?) to make sure everything is correctly reflected wherever it needs to be?
    And how much are these adjustments and processes likely to cost?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Provided that the garage has a separate lot & DP or if it has exclusive use (common property), then transfer should be straight forward. It would be a normal sale or require amendments to the bylaws for exclusive use to be changed.

    If it forms part of the same lot as your neighbour's unit then you need to do a new subdivision and amend the entire strata plan including DA etc.
     
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  3. VB King

    VB King Well-Known Member

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    Thanks, I know the garages are parts of the lots ... This sounds very complex & expensive!
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Have a chat with a surveyor who could advise how easily this can be accomplished.
     
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  5. Matthew Savage

    Matthew Savage Well-Known Member

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    Not easy.

    Requires registering a whole new plan, you would definitely need advice from a lawyer/town planner.

    Could you use an easement instead? I don't know if it's possible for one lot to have an easement over another lot (post registering), but that might be easier from the body corporate perspective, in QLD it would mean needing to register a new community management statement (straightforward, but probably needs to be by resolution without dissent).
     
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  6. VB King

    VB King Well-Known Member

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    Thanks a lot, interesting idea on the easement. Does anybody have any experience with this or something similar? Property is in NSW.
     
  7. D.T.

    D.T. Specialist Property Manager Business Member

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    Best bet would likely to be:
    - Utilise a surveyor to mark out an area that you'd like to buy
    - Utilise a soli / conveyancer to do up a title to represent that area
    - Coordinate exchange of that title for your money (likely again with the help of a soli / conveyancer)

    Additionally, talk to strata management to ensure they're on board with it. Strata plans will also need to be adjusted to account for the new titles/lots and changes in unit entitlement (if any). Offer to handle this at your cost if you don't want them getting in the way :)
     
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  8. VB King

    VB King Well-Known Member

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    Good point on the strata side, had assumed I / the seller would have to pay for this. Key is not to give any reason to object.
     
  9. Peter A

    Peter A New Member

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    Hey guys, great little insight in purchasing a garage. i am in a similar situation, I'm looking to purchase a garage from a residential property. would there be similar steps to follow when buying a garage off say a neighbour or a stranger? first of foremost would be convincing the owner to sell their garage, is it just that simple, obviously would need to sub divide etc.
    any info on this would be much appreciated :)
     
  10. D.T.

    D.T. Specialist Property Manager Business Member

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    Do you mean from a torrens title property? (All of the above info was regarding within a strata complex)

    If so, that'd involve a surveyor / town planner to mark out the area and put it in for approval.
    Getting the neighbor to agree to it would be the hard part.