Community & Land Divisions

Community

Are you looking to develop land to create wealth? Whether you are a first-time developer, or an experienced developer with a number of projects under your belt, Metro Conveyancing can provide you with the advice and services you require to successfully develop land.

It doesn’t matter if your development is big or small, we put in the same amount of effort and attention to detail to ensure our developers get the best outcome.

Whether you are dividing one allotment into two, or undertaking a multi-allotment development under Torrens or Community Titles, Metro Conveyancing are the team you want behind you. As a team of professional Qualified Conveyancers, we have the knowledge, experience and expertise to handle the conveyancing of your development and we understand the important of timeliness, communication and follow through. We don’t wait for things to happen - we make then happen.

We work closely with our clients and monitor progress on their project from beginning to end, keeping in regular contact with all parties concerned . We like to get involved as early as possible in the process so we can ensure all parties are on the same page, especially if the client is wanting to develop land for sale.

Our close involvement with your project not only ensures that everything happens in a timely manner, but also means that we are able to prepare our documentation for the final stage well in advanced and have it lodged with the Land Titles Office to obtain the separate titles for the allotments ready for sale.

We liaise with the surveyor, financial institution, Development Assessment Commission, local government authorities, SA Water and other authorities that may have a registered interest in the title to ensure the new titles are created as instructed. We will also liaise with your real estate agent, should you plan to sell the allotments, working closely with them to provide them with approximate timeframes and conditions for the contracts.

Community Divisions

When developing property as a Community Title each development must have by-laws and in some cases Scheme Descriptions and Development Contracts. These set out the obligations of the Community Corporations and dictate how the Community Corporation can act and how common property can be used. Metro Conveyancing can assist you with preparing these documentation.

By-Laws are registered at the Land Titles Office and form part of the documentation lodged to complete the division

Scheme Description is required if the Community Division entails 6 or more allotments. The document provides upfront notice to prospective owners of a Community/Strata and development lot of the nature of the scheme and provides binding provisions of how the lot is to be developed. It also has details regarding any staged development.

Development Contracts are required if a Community Plan of Division has an allotment which is to be developed at a later stage. The Development Contract provides undertakings by the developer which include:

  • minimising disruption to the right, use and enjoyment of the current owners during the further development
  • making good any damage to the common property caused by the developer
  • outlining how the developer will have access to the development during the further construction stage.

We are also able to attend to various other things such as Extinguishment of Easements, Variations of Easements, and the re-alignment of boundaries as well.

Caveats

Do you have an equitable interest in land? You may wish to protect your interest by lodging a Caveat over the Title. To be able to do this you must have some form of an agreement in writing or evidence of your equitable interest in the land – Metro Conveyancing can make this happen.

A caveat can be placed on a title to protect your interest if you have entered into a contract for Sale and Purchase of Land and you wish to note your interest until settlement is ready to take place.

Some of the other reasons as to why you would lodge a caveat to protect your interest include:

  • Unregistered mortgages
  • Unregistered leases
  • Contract of Sale and Purchase of the land which is still to settle
  • Claims of contributing to the land by a party to the relationship
  • Beneficiary to a will
  • Government authorities for unpaid taxes and rates

It is important to be aware you cannot lodge a caveat on a property because someone owes you money, unless a specific agreement has been entered between the parties stating the property can be used as security.

Metro Conveyancing can expertly and efficiently prepare your caveat, as we are members and active users of PEXA we are able to lodge them on your behalf in a timely manner.