Two land titles but cannot build

D

dboy_tomato

Hi all,

Have been following this forum for a long while now and I am a situation where some expert advise would be much cherished.

I have bought a property in Sydenham, NSW and the property has two titles (each lot backing each other)'with one dwelling on a front block and the rear block having a double garage facing a rear lane.

Both titles and lots are zoned R2 low density residential.

I had spoken to the council planner before my purchase and he mentioned that I can develop on the rear block without having to apply for a subdivision and just apply for a street number and a da for the build.

now after my purchase the town planner team leader said i have to submit a subdivision even though there are two titles as the council consider it as one parcel of land.also its not possible to build a new dwelling as the rear lot is facing a lane that has no existing residential addresses.

So if I knock my rear lot garage and make it a vacant land I still cannot build a house on it:confused:(

What can I do? even though I have two titles , the council is now not allowing me to consider them individually ?

Do I have right?

Any advice?
 
dboy_tomato said:
Hi all,

I have bought a property in Sydenham, NSW and the property has two titles (each lot backing each other)'with one dwelling on a front block and the rear block having a double garage facing a rear lane.

Both titles and lots are zoned R2 low density residential.

?
Click to expand...

are you sure there are two separate titles? it sounds more like two lots on a single title. Check your title paperwork and see if one references the other.

If it's a single title, then you are probably out of luck...
 
Ausprop said:
what's the difference between a a lot and a title? e.g. a survey strata titled lot is both a lot and a title.
Click to expand...

It depends on the state.

In Qld The title will list multiple lots. You do not have to do a development application to separate the titles, just file with the land titles office.

Half of the 809m2 titles in Brisbane have 2 lots, so the plan is surveyed and registered as 2 separate lots, but only one title. In Qld that saves you 26,000 on a splitter block because infrastructure titles are levied on lots not titles.

Have a look at attached PDF which has 3 lots on 1 title.
 

Attachments

  • 3 lots 1 title.pdf
    272.5 KB · Views: 339
k1200 said:
are you sure there are two separate titles? it sounds more like two lots on a single title. Check your title paperwork and see if one references the other.

If it's a single title, then you are probably out of luck...
Click to expand...

I double checked before I purchased with the council and also with my lawyer that it has two titles. I also checked on nsw land titles, and I have two separate titles.

Additionally I have separate lot and deposit plan numbers for each block of land.

Though to be honest I have no idea what the difference is between a title, a lot and a deposit plan number. But as far as I know both lots have a different title, lot and deposit plan number :confused:
 
RPI said:
It depends on the state.

In Qld The title will list multiple lots. You do not have to do a development application to separate the titles, just file with the land titles office.

Half of the 809m2 titles in Brisbane have 2 lots, so the plan is surveyed and registered as 2 separate lots, but only one title. In Qld that saves you 26,000 on a splitter block because infrastructure titles are levied on lots not titles.

Have a look at attached PDF which has 3 lots on 1 title.
Click to expand...

RPI, thanks for your reply.

I do have two titles (my solicitor had just confirmed it again) and each has a separate lot number.

I don't have access to my computer right now (using my phone) but I will upload the titles info and lot info once I get back.

I had just spoken to a town planner and he said that it is odd as well but it maybe due to non technical issues surrounding the area ( eg politics )

Thanks
 
Could you not provide access to the back block through the front block?? As you own both, one would think it wouldn't be too hard, but then I have also heard what its like trying to deal with some of these councils.
I'd then look at designing the back property to have two front entrances as such or put the entrance on the end/side so its not facing the back of the front house nor the lane way
 
Here is the title search done on the property.

I also have the original 1920's certificate of title but that's very blurry.
 

Attachments

  • Document2.pdf
    147.7 KB · Views: 256
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