Recommendations for lawyers with complicated title change experience

Hello,

I found my fantastic conveyancer on the earlier incarnation of this site - the lovely Skye Clark Can anyone recommend a good property lawyer?

And now I'm back looking for help with a title change which is far from straightforward. She has put me in touch with someone, and I'm hoping to get at least one more comparable quote.

* My property is part of a Company Title in the Inner West
* The rest of the shareholders have units which have been carved out of the main structure which looks like it was a grand older home
* Whereas my lots are completely separate with close to no shared property
* My section also needs development
* For the dual purposes of (1) not having to pay for 'common property' maintenance and improvements and (2) getting on with my development with reduced neighbor wrangling I'd like to extract myself from the company title

If anyone has had good experiences with solicitors untangling complicated titles I'd be super appreciative if you could share their contacts.

Cheers!

 

@arewethereyet

Do you need to get a survey done for a company title subdivision in NSW? Or can it be done non-survey? Is it a subdivision or just a conversion? Does the whole property need to be converted to torrens title or can an individual unit be converted?

I would be talking with a surveyor first. The surveyor will also probably have a recommendation for a lawyer who specialises in these types of subdivisions.

@bmc is a nsw surveyor and very knowledgable.

 

That'd be my first port of call as well.

 

@arewethereyet

my first thoughts are you cannot separate yourself from the rest of the company title as you will own shares in that very company that has been originally setup for the management of the said property.

usually you have a title indicating the percentage of shares you have in the company. "typically" accompanied by a surveyors plan that will indicate the space you will occupy and / or have use of. together with a contract outlining your legal obligations.

if you are proposing development it will need to be approved by the company holders, just like a Strata Scheme.

are you confusing it with a Strata Title Scheme ?
either way its unlikely you can subdivide yourself away from the rest of the scheme.

But. I would recommend this legal firm. They also do their own developments so, not only do they "talk the talk" they can "walk the talk" so to speak.

Home

p.s. Randwick Council just reformed (Aug 2018) their LEP in regards to Company Title conversion into Strata and Torrens Title.
Council delivers on planning reform for company title dual occupancies

keep us posted

 

yes, a conversion to Torrens or Strata Title will require a Plan of Survey / Redefinition. Approved via DA and lodged / registered at LRS

 

Worth asking the lawyer for CGT advice on the change too. Creation of a strata is a rollover but reconstructing it may not be as would dissolving it. Could trigger CGT. You cant just ignore the issue as CGT taxes rights as much as titles and a strata right is the CGT property in question.

Dissolving strata title and the potential for capital gains tax (CGT) liability - Stacks Law Firm