Subdividing multiple lots of same title

Hi
my brother have a rural land of 3 lots on the same title. can he get a separate title for each lot? and sell them separately. The land area is less than the minimum lot size.

 

Via your last statement I would guess not.

Any town planners in the area you could ask?

 

Cant answer for nsw, but in vic there is minimum subdivision lot sizes, and also min size for which a dwelling can be built without a permit in farming zones.

So you may be able to seperately transfer and sell the lots, but then a purchaser may have to go for a permit to build a dwelling, and if the zoning is farming and the lot is small, they may have to prepare a report showing that the dwelling being built is specifically required to complete a farming activity on that land. Or they may be rejected, or may need to consolidate their title with an abutting to make the land bigger.

Definately worth speaking to a planner about this. Probably a rural/regional based planner or one in a small country town, this kind of work is their bread and butter.

 

in NSW also the same thing, regarding minimum lot size for subdivision, and we are not looking for building permit, i know it is not possible, the land is a bush anyway. but my concern is "since there are 3 lots on the title", you said that we may be able to sell separately, that's what we want, but is it possible given we have one title? would we be able to get a separate title for each lot? i know that the lots will be not much of a use, but they are recreational anyway. the total land is 5 acres, and has one lot that is 2.5 acres, and a buyer is asking if we can sell only one lot. thanks

 

You need to ask a property specialist lawyer or land surveyor. You may get the right info from the nsw titles office, i say may, because a couple of ours have been rejected when they were fine. We had to get more senior staff involved to get it sorted. In vic, its not a commonly known law. These laws are state based so what i say is for vic only.

@bmc Is a nsw surveyor and will be all over it.