Land Divisions

Land development is often an extremely complex process, particularly when multiple stakeholders are involved.  At Optima, we assist our developers to understand the complexity of various division structures and how these structures can impact the future of your project.

Optima are longstanding development specialists who have serviced developers of both large and small Greenfield and Urban Infill projects for over 30 years.

We understand that successful and feasible land divisions are dependent on the vigilant administration of your development, from marketing and titling to Settlement stage. Over time, Optima have developed processes which assist in administrating land sale Contracts, meeting key dates, liaising with key stakeholders (lenders, surveyors, councils and other relevant authorities) and ensuring that your project runs to schedule.

Torrens Titles

Although Torrens Titled divisions can be more costly, they carry the benefit of independent titles to be held completely separate by each future registered proprietor.

Torrens Titled allotments allow owners to make changes to their properties with no restrictions on pets, parking, building etc. (subject to local Council requirements).

Optima are very familiar with the required Application documents to successfully create Torrens Titled divisions subject to obtaining plans from your surveyor and associated consents from interested parties.

Encumbrances

Encumbrances are common in land divisions and are an agreement in favour of the Developer constraining the owner of the land.

No two encumbrances are the same but usually include restrictive covenants which maintain uniformity within divisions for example colour and type of fencing, house design etc.

Land being purchased in a new development may require a “new encumbrance” to be lodged at Settlement.

Our experienced team are happy to answer your queries regarding any encumbrance mentioned in your Contract or required to be lodged as part of your next land division project.

Easements

An easement gives an individual or a company, known as a Grantee, the right to use land for a particular purpose. An easement can restrict how the owner of the land, known as the Grantor, can use their property.

Common easements include:

• pathways and walkways
• for the supply of utilities – eg. water, electricity, gas
• access roads
• the right to park a vehicle
• party walls

Easements and rights of way that are registered on a Certificate of Title will remain as the land is bought and sold.  This can only be removed when both the Grantee and the owner of the land agree.

Optima are well versed in the preparation of Grant of Easement applications and Extinguishments of Easements.  Easements can apply both in personal land transactions and land divisions.