Common Property wordings in Section 32

Discussion in 'Legal Issues' started by PremierePro, 17th Jun, 2021.

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  1. PremierePro

    PremierePro Active Member

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    Hi Experts

    Can I please check something with you.

    A house we are interested in was subdivided into 2 back in 1987. On the subdivision pages in Section 32 it says the following -

    No Unit on this plan is an accessory unit.
    Common property is all the land in the parcel except for the land in units 1 & 2.

    We are interested in 1 of them.

    Does this mean -
    it is not full title of its own?
    we cannot look for redevelopment of this property? Like knockdown rebuild?
    do I need to re-subdivide(if that is a thing)?

    Thanks a lot for helping.
     
    PremierePro, 17th Jun, 2021
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  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    It means you should seek legal advice on interpreting a legal issue concerning title. Then consider council enquiries for potential limits on use of the title in development plans.
     
    Paul@PAS, 18th Jun, 2021
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  3. Mark F

    Mark F Well-Known Member

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    It seems like the property is a strata plan. I would expect that this clause is just a way of ensuring no land is unaccounted for. For a small strata it could actually be that there is no common land, just the two units forming a strata development. A look at the dp will show the reality.
     
    Mark F, 18th Jun, 2021
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  4. The Y-man

    The Y-man Moderator Staff Member

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    My understanding (pending you getting legal advice)
    1. accessory units are usually other part of the property that is considered part of the deal. This is most common in apartments with "car park on title". This is because the apartment itself is not physically connected to the car park. The apartment itself is "the unit" and the car park is usually included as an "accessory unit" with a separate number.
    2. The common property clause is AFAIK saying anything that is NOT marked unit 1 or 2 is common property. For example, there may be a driveway and car park, but it is not included as either part of unit 1 or 2 on the plan of subdiv. It is then common prop according to this deal.

    The Y-man
     
    The Y-man, 18th Jun, 2021
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  5. PremierePro

    PremierePro Active Member

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    Thanks a lot @Paul@PFI , @Mark F and @The Y-man .

    Unanimously, it appears a legal advice is what will sort it out. Guessing this is not a conveyancer's job? I need a Property Lawyer?
     
    PremierePro, 18th Jun, 2021
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  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Conveyancers arent solicitors and if any issues crop up will refer you to a solicitor (hopefully) or give a poor answer. A soliictor that practices frequent conveyancing and offers competitive pricing is a better spend IMO. Given you should seek legal advice prior to signing its a great first question.
     
    Paul@PAS, 18th Jun, 2021
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  7. PremierePro

    PremierePro Active Member

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    Thank you @Paul@PFI. Of course that makes sense, when you put it like that.

    Cheers
     
    PremierePro, 18th Jun, 2021
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  8. bmc

    bmc Well-Known Member

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    the DP (deposited plan) will show the entire parcel of land (underlying base lot)
    the SP (strata plan) will show the Part Lots, common property etc. unit entitlement. or even if it is a no common property scheme.

    yes,
    or a Surveyor - they prepare the plan
     
    bmc, 18th Jun, 2021
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  9. PremierePro

    PremierePro Active Member

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    Thanks a lot @bmc . I'm now searching for a surveyor. :)
     
    PremierePro, 19th Jun, 2021
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