Torrens Title Townhouses with Common areas

Discussion in 'Development' started by Marilyn Williams, 8th Aug, 2019.

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  1. Marilyn Williams

    Marilyn Williams New Member

    Joined:
    8th Aug, 2019
    Posts:
    3
    Location:
    Port Stephens
    DA has 5 attached townhouses with Torrens Title Subdivision (2 into 5 lots). Has common area parking outside of 1 townhouse and common garbage/recycle area outside another. Large infiltration
    tank at rear of 1 townhouse with other townhouses connecting into it. Who is responsible for the common areas? Particular concern is the tank. This development is on a slope - fall of approx 5 metres. No drainage/easements allowed to street due to flood plain at bottom of hill. The tank is to be behind our rear fence. We are downhill.

    Post by: Marilyn Williams, 2 minutes ago in forum: Development
     
  2. bmc

    bmc Well-Known Member

    Joined:
    18th Oct, 2015
    Posts:
    1,123
    Location:
    Sydney
    ? sounds more like a 'community title scheme' ? (or neighbourhood title for another term) and typically the common areas are administered by a body corporate (also known as a community corporation), which maintains the common areas using contributions from each of the title holders.

    the 'large infiltration tank' or on-site storm-water detention system will most likely be common property and will probably be protected by a 'restriction and positive covenant' against all the titles that drain into it.
    check the proposed deposited plan and 88b instrument.
    any easement terms or restrictions will be outlined in this document.
     
    Marilyn Williams and lixas4 like this.
  3. Marilyn Williams

    Marilyn Williams New Member

    Joined:
    8th Aug, 2019
    Posts:
    3
    Location:
    Port Stephens
    Thank you so much for your reply. We are going to see the assessor next week to try to get our heads around this.