I am a 1st time developer and very confused by NSW Title law.
I am planning to develop my Mother-In-law's existing detached property to make an attached dual occupancy, divided horizontally (we live upstairs, ma-in-law downstairs). The house currently sits on a double plot.
I would prefer to Torens title the 2 houses, each attached to half the land (divided roughly as the existing 2 plots are divided) but the Council are opposed because it would be slightly complex (access agreements attached to one of the titles), and because the individual plots would have less than 450 sq m and less than 14m frontage (Although the standard block on the street is only 10m wide, this would be a "new" subdivision, so would need to comply to these minimum figures).
The council would prefer we consolidate the 2 plots into 1 and strata title the 2 dwellings. It would be simpler, but i am wary because of 2-Lot strata scheme horror stories: What happens when we sell Lot 2 & Lot 2's owner is unco-operative or breaks bylaws, etc.... democracy with 2 equal parties could mean permanent stalemate. Or is there a way round this? (e.g. unequal lots, unequal voting rights??)
I have also been advised that Stratum Title is the way to go to resolve the problems, but i can only find reference to Stratum Title in QLD and VIC. Does it even exist in NSW?
Any help gratefully received!
thank you.
Mike
I am planning to develop my Mother-In-law's existing detached property to make an attached dual occupancy, divided horizontally (we live upstairs, ma-in-law downstairs). The house currently sits on a double plot.
I would prefer to Torens title the 2 houses, each attached to half the land (divided roughly as the existing 2 plots are divided) but the Council are opposed because it would be slightly complex (access agreements attached to one of the titles), and because the individual plots would have less than 450 sq m and less than 14m frontage (Although the standard block on the street is only 10m wide, this would be a "new" subdivision, so would need to comply to these minimum figures).
The council would prefer we consolidate the 2 plots into 1 and strata title the 2 dwellings. It would be simpler, but i am wary because of 2-Lot strata scheme horror stories: What happens when we sell Lot 2 & Lot 2's owner is unco-operative or breaks bylaws, etc.... democracy with 2 equal parties could mean permanent stalemate. Or is there a way round this? (e.g. unequal lots, unequal voting rights??)
I have also been advised that Stratum Title is the way to go to resolve the problems, but i can only find reference to Stratum Title in QLD and VIC. Does it even exist in NSW?
Any help gratefully received!
thank you.
Mike
