Confusion on whether block is subdivided ?

Im looking at purchasing a property that just popped up, but confused as to what stage the subdivision is at.
Its in NSW and has 2 lots listed for the property (lets call them A and B). They fall under the same address and both A and B have the same DP number. Under the contract there are 2 titles listed with the vendor, lot A and Lot B....same address same DP number.
There is a subdivision plan from about 40 years ago. There is a house sitting on lot A and lot B has obviously been created keeping in mind minimum lot size and doesn't conflict with the existing house. I rang council and the duty planner said they're separate properties and your fine to build on Lot B. The next day I rang and a different person said...if they're the same DP number they not separate blocks ???
Can anyone shed light on what might be happening ??

 

Maybe contact a solicitor as most would advise you for free on the way the titles-zoning ect ..
Just a quick question,is there already 2 street numbers on the title ?.

 

Hey Willair, No there is just one address listed.
There are 2 titles from land registry...One says "Lot A in deposited plan 333444"
and a second one that says "Lot B in deposited plan 333444"
Im waiting to hear form a private town planner and ill contact the property lawyer like you suggested
PS - the block that has been created (a long time ago) falls within land zoning and minimum block size to be built on. Also doesn't interfere with existing house

 

The two (or potentially many other) lots will form part of a subdivision described in the deposited plan (DP) Lot A DP12345, Lot B DP12345, Lot C DP12345, Lot D DP12345.

They each have their own lot number but you need to refer to the plan of subdivision to get to the source.

If they meet the minimum lot size to build a house, then there's no issue.

 

Title history and dealings are public docs to search (token fees). Legal advice may assist. Council DA history is also online. Not 40 years !!

Each subdivided lot will have a DP unique identifier for its deposited plan reference. Eg a row of t/houses. Often the DP is a subdivision but a subdiv can also have multiple DPs esp if it goes around corners or across street etc. All sorts of reasons. A subdivision can have a number of DPs and Lots that become more Lots for those DPs. At present it may be two builds on one land title - Like a duplex. Lot A + B. Or maybe freestanding titles etc. Title search will clear it up with boundaries, easements and even owners. Then a unique LOT number is part of the land title process. Then to further complicate a street address which can be a LOT # until such time council sees the street as finished and they issue street numbering to lots. So Lot 13 can be lot 13 or house 12 etc....Title deeds will not show street numbers.

Councils, lawyers etc tend to stick with Lot + DP as the legal reference point. Street numbers are more a postal and council issue. And used for agencies that bill eg Telstra, ISP etc There is a database with council that meshes the two. So you can change a street number sometimes but its LOT # may not change. But when a lot eg 32 is subdivided it may create a new lot eg 32, 32A or it could be 32A and 32B.

Two lots will actually have two or more (as a lot can be 12-16 Smith St) street addresses but only use one. eg House + tennis court. You wouldnt have a letterbox for the tennis court. I lived on a corner and had two street frontages and two addresses. Stupid council defaulted to smaller frontage for mail...Makes no sense and I had to apply for them to stop using the wrong address as we didnt get rate notices.

Important to know which lot is actually on title. Its not unusual for peope to think they are House 32 and 32B when House 32 is Lot 12B and House 32B is lot 12 or 12A.....get it wrong and two owners have a problem. This is why title searches are attached to contracts and solicitors for owners and also lenders should check and recheck.

Just had to deal with client who needs to consolidate two lots to allow one small lot and one very large to be joined and each can then be subdivided. Did my head in.

 

Thanks Scott,
Im

So I just spoke to council again and they have told me that both lots (A and B) are on the same DP as the owner only receives 1 set of rates. However because the lot numbers are different (Lot A and Lot B) the lots are in fact separate and can be sold separately.
I have found a Plan of subdivision signed in 1946 hahaha

 

How can it be sold separately when the owner is paying one set of rates??
p.s I am holding a similar two blocks on one title at regional NSW.

 

I don’t understand how the owner is paying one set of rates. In the sale contract there are 2 titles certificates, 1 for lot A and 1 for lot B. I would assume that means 2 titles and 2 sets of rates. Only thing I can think of is being regional council they’ve had an agreement from decades ago ?

 

Council rating, like property addresses do not necessarily link to titles/lots etc. Street numbering is a "convenience" and simple descriptor. Title information is the legal description.