House across boundary...

From: Apocalypse .

A property we are looking at has a house on 2 titles. However, we've stepped things out (very reliably) and discovered the house protrudes across the boundary between the two.

Does this matter? Particularly if we own both titles. We would rather not fork out for a boundary realignment at this stage. We would be looking to build on the other title, a number of home-ettes if possible, or 1 house if council want to be difficult.

Also, if a number of home-ettes were allowed, what would be the appropriate way for the title to be structured: strata, community, other?


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Reply: 1
From: Rolf Latham


I reckon if youre not looking to sell off the other title separately it doesnt matter much.

Can you move the house, really dumb question, but I have a client that has made many dollars by doing exactly that and then being able to sell the blocks separately.


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Reply: 2
From: Kristine .

Hi Apoc

There is provision in legislation (in Victoria) for realignment of internal boundaries, usually within a margin of up to 10% (if I remember correctly from my council days) being 'passed' from one title to another..

This is more an administrative procedure than a subdivision, as no new titles are created.

Ask the planning department of the municipality. They can suggest local surveyors for quotes. The situation is not as uncommon as you may think, and the realignment process not as expensive as you may think.

You will need to have the proposed realignment surveyed ($), lodge the application with council ($) [the surveyor can advise on this or do it for you], lodge the approved changes with the titles office ($) and pay for the issue of new titles ($) and probably lodgement fees with your lender ($). All in all, though, probably not heaps of $.

However, if you take the opportunity to actually apply for a subdivision to build homettes without doing any of the above (and therefore not doing the process twice), then that is a different ball game and you will have to apply for the usual permits with detailed drawings of what - exactly - you propose to build on the site.

The 'type' or definition of title is also prescribed by legislation. In Victoria all new titles are now 'titles', as the strata, stratum and cluster titles acts have been superseded by the Sub-divisions act.

However, getting back to your intended purchase, it's probably wise to have a 'subject to' clause put in the contract of sale just so you can get a definite idea of costs and probabilities before you buy.

Good luck


Just as an afterthought:
Perhaps when we have questions which may have a legal, planning or regulations aspect, we could say which State the property is in?
I noticed in the 'Property Manager' post reference to South Australian tenancy agreements.
I (think) I know a bit about Victorian requirements, but this information may not be applicable in the Canary Islands. So, just a thought.....
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Reply: 2.1
From: Apocalypse .

Thanks guys

Rolf: If we were intending to leave the property as is I would not bother, as I agree, it doesn't make much difference.

The house could be moved, either just a bit to get it within one title, or offsite completely, but I reckon it's more appropriate overall if left onsite, and probably easier to just get the boundaries realigned.

Kristine: We are in SA. The agents at the opens have not been the agent handling the sale in person, but they did have some rough figures given to them by a surveyor suggesting around $7000 to realign the boundaries, but this also included a new water meter, common effluent connection, etc. I guess what was a little confusing/frustrating is that we seemed to know more about the procedure then they did, and we know very little...when I asked about the zoning, they simply said residential, and appeared confused when I quizzed about 'density' eg house vs units etc.

The ideal situation would be if we were able to build several homettes, in which case I **think** the title would need to be adjusted, we would then get this done AND the boundary realigned at the same time. I guess we are trying to avoid having to do the two processes separately.

Next stop is the council and a surveyor to weigh up the options. The basis of this post originally was to get some education to at least be able to understand what the council/surveyor say, and to then be able to ask the right questions.

Thanks again

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Reply: 2.1.1
From: Troy J

If you want to find out about the zoning of the site (and the specifications of that zone and the council's objectives), go to the web site, search Development Plans to find the Development Plan for your council area - zone maps are near the back.

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From: Sim' Hampel

Ooowweee... just had a look at ... awesome site ! Anyone know of similar sites for other states ?

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