Need help to create by law.

[Chris75]

I own the front and rear properties on a subdivided battlaxe block. The driveway had to be common property to do the subdivision but we have separate driveways for each house. We are selling the front house so we want to make a by law to give exclusive use of the common property to the rear house before we sell. I know I need to fill in a form 21 but I have no idea what to put in it. I'm in WA and need someone that can help me fill it in and get it sorted.
Does anyone know who can help me, preferably SOR?

 

[Terryw]

You had better go and see a solicitor.

 

[RPI]

+1 on solicitor, you need to get this right. Property lawyer even better.

They may look at something more binding than a bylaw also

 

[Aaron_C]

You might consider making the driveway an easement. But that would require a licensed surveyor and a property solicitor to draft up the necessary legal documents to titles office.

 

[Chris75]

Wow. I thought this was going to be simple. I originally rang landgate and they said just fill in a form 21 and lodge it. When I looked at the form, it is quite simple but I wanted to get it right so I thought I would find someone that could help me. I thought someone that could do it would probably charge a few hundred $ just to fill it in for me.
I tried calling a settlement agents, strata management companies and surveyors and no one could help me hence my original post.
I finally found someone( a property lawyer as suggested above) and he said it would cost me approx. $2000 for him to write it up for me.
I'm now starting to wonder if it's worth worrying about. Both driveways are completely separate and the only issue I could ever see arising is if the owner of the rear property(we are living in it at the moment but will be selling in about 12 months or so) expected the owner of the front house to contribute to maintenance etc.

So I guess I need to decide if it's worth the expense. Would it make any difference to the value of either property?

 

[Aaron_C]

Of course it will impact value - no one is going to buy a property that they don't have access to...

 

[Chris75]

Of course it will impact value - no one is going to buy a property that they don't have access to...

I think you may have misunderstood. The common property is currently the driveway to the rear lot. I want to sign over exclusive use to the rear property so they will be fully responsible for any future repairs/maintenance as the front lot already has their own driveway.

I think we will go ahead and do it anyway, I have received a second quote $1300 to $1500. I was just a bit shocked at first for what I thought was a simple process.