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With subdivisions being the flavour of the moment, it’s important to remember three important steps you should follow when dividing land.

Skipping or skimping on any of these steps will land you in hot water.

So here is the Mildwaters Lawyers 3-step process for dividing land.

Dividing land step 1: Make enquiries with the council

We would recommend that your first step be making some preliminary enquiries with the local council, to see if subdividing is an option on your property, and if they have any restrictions on subdividing such as the minimum size of the allotment you must create, or if it complies with their zoning regulations.

Dividing land step 2 – Appoint a surveyor

The next step would be to choose and appoint a surveyor.

The surveyor will be able to provide you with details of government (local and state) requirements in regards to subdivisions, the costs involved, and estimated time frames.

The surveyor will draft your plans, and apply for all the required planning consents.

Once the final plan has been drafted and approved, and all required fees have been paid, they will attend to lodging the plan with the Lands Titles Office.

Dividing land step 3 – Appoint your conveyancer

It is best to advise your conveyancer that you are subdividing as early as possible.

This will allow us to then liaise with your surveyor, and begin the process of preparing the required subdivision documents for signing.

We can also provide you with a quote of the current Lands Titles Office registration fees, and our fees, so you can budget how much the entire process will cost.

If you have a Mortgage over your property, we will liaise with your Bank and arrange for them to sign the required consent documents.

By engaging Mildwaters Lawyers as your conveyancer early in the process, we can ensure that all the documentation is signed and ready to lodge when the time is right.

This is typically done as soon as the plan has been lodged by the surveyor, to ensure that the subdivision is finalised as soon as possible.

Contact us today so we can answer any other questions you might have and, hopefully, start the process of helping you with your subdivision.


Image: Sycamore Vista by Raquel Baranow via Flickr. CC BY-SA 2.0

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