Two Independent Lots Under one Title

Hi Guys

I live in WA and I just bought a land of 818 SQM. It is zoned R40 and there are two independent lots side by side under one title (the last owner bought two lots together side by side so that she can build a big house on top and as a result of this, there is only one title issued for two lots).

My question is: Since they are independent lots, can I transfer one lot to create a new title so that I can have two titles for two lots?

Technically it is not a subdivision of a land (lot).

May I ask what process I need to follow and how much it will cost and how long? Thanks.

 

What do you mean by "two lots under one title"? That doesn't make a lot of sense. Is it strata? Something else?

 

Check the title, doesn't make sense. Two "lots" meaning two house blocks...I guess. If previous owner built house over the boundary seems that the land was consolidated into one lot/title.
So you have a large block with a house on it. The question may be - "can I subdivide to create one large and one small block?

 

Doesn't sound quite right.
Did the previous owner perhaps buy 2 houses which were 400sqm+ and then amalgamate them into 1 lot?
If that is the case, yes you can apply to subdivide them as you wish using the requirements for R40.
You would need to contact a surveyor to assist with the subdivision of the land into the lot sizes that you want/meet R40 requirements.
With your size block you could make 3 blocks.

 

Hi tiger. It is same as the situation described below.

https://www.business.qld.gov.au/ind...-property/transactions/separate-title-request

In Queensland, you can simply fill in a form to spilt the title. Can I do it in WA? Thanks.

 

Hi Tufan, it is two lots under one title. Same situation as the one described below in Queensland gov website.

Separate title request | Business Queensland

I am in WA. Don't know whether I can simply fill in a form to spilt the title as the case in Queensland.

 

Hi thatbum, it is same situation as the one described below.

Separate title request | Business Queensland

Can I just simply fill in a form to spilt the title in WA?

 

I don't believe so. Best to consult a surveyor (I use Land Division) and get them to look at the title and it's history then give you some advice.

 

The laws around title seperation and subdivision are state based. As @Westminster says, call your local registered/licensed land surveyor. I havent noticed a WA land surveyor post on pc, anyone else?

 

Hi, sounds like a fairly common multilot title. Here in WA, we use to transfer portions of land by what was called a "sketch on transfer" so you could actually have multiple titles to parts of the one lot, similarly you could have a single title with multiple lots. Landgate are trying hard to get rid of these residual lots as they don't work with the current digital title system. Essentially it will be an added cost to subdivision from a surveying and Landgate / WAPC perspective. When you apply for subdivision, WAPC will make it a condition that the lots be amalgamated first. It wont delay things as you can lodge both the amalgamation and subdivision plans at the same time on completion of the other clearances from WAPC.
add $2,263 for WAPC amalgamation fee
add $345 Landgate plan lodgement fee
add, say $800-$1,200 for a surveyor to draw up the amalgamation plan and do all the correspondence, search, checks and lodging. Dont think you will need a conveyancer, but I normally stay out of that side so worth an ask to others here.
Can do it before subdivision if you like. Sounds complicated but common enough for Licensed Surveyors (LS), they will happily give you a quote outlining fees and time frames. Cant spruke my work here but can recommend other LS depending on where you are in the state.

 

Hi Sam, thanks for your post. It really helps.

What if I don't want to combine the two lots into one and then subdivide again? Why do I need to involve a surveyor to draw the boundary? The two lots are independent of each other and the boundary should have been drawed when these two lots were created long time ago?

If I am correct, why can't I just simply fill in a form...To "take" out one of the two lots with existing boundary and create a new title for that lot? It sounds very simple and straightforward to me. What do you think? Thanks.

 

Hi, The two lots are not independent of each other they are part of the one title. They may also not be independently serviced? Have the structures got the necessary clearance from the boundaries (we can no longer build over boundaries), crossovers, demolition required etc etc these are all things the Local Government and service authorities would need to look at.

Its a bit hard to explain without seeing the specific plans, however generally speaking your title will say in big underlined bold letters -THIS IS A MULTI-LOT TITLE. Then under land description it will state two lots on plans (lot 1 on say Plan 2316 and say lot 101 on Plan 3468) But in the second schedule of the title (Limitations, Interests, Encumbrances and Notifications) it should say something like excludes all lands except that portion which is shown on the superseded paper version. This means someone else could have title to the remainder of that lot. So the one lot has multiple titles as well as your title having multiple lots.

It made things easier at the time when neighbors wanted to transfer sections of land to each other but it is a bit of a mess these days with new digital titles. Essentially what you are asking for, to transfer one of the lots out, is a subdivision.

Looking over my last post, I should clarify the amalgamation fee is not an additional fee if done at the same time as a subdivision application, when made a condition of the approval of subdivision.

Hope this helps, its a bit hard to explain. Unfortunately you would have to engage a surveyor and go through the WAPC form 1A application process.