Eckermann Conveyancers is highly experienced in managing the land division process for residential subdivisions, catering to developers, investors, and homeowners’ needs. No matter the scale, our expertise ensures seamless navigation of the subdivision process.
Our experienced team handles legal processes and confidently tackles the legal aspect of land conveyancing, focusing on planning schemes and adhering to relevant regulations. As South Australia’s largest conveyancing firm, we pride ourselves on our ability to deliver comprehensive services for large residential land projects and single-title subdivisions.
By choosing Eckermanns land conveyancer service, you can rely on our friendly, approachable professionals to guide you through the complexities of the land division process, ensuring that your residential subdivision goals are achieved efficiently and precisely.
Residential land subdivision and community division vary in popularity at different times, but they remain attractive to many investors due to the greater returns that can be gained from an initial investment. However, if you make some bad decisions the process can be costly.
If you’re looking to develop property by subdividing land, it’s important to understand the implications of different types of subdivisions and to make the best decisions for your site.
A Torrens title land division is the division of a block of land into at least two allotments (separate land titles), which are held independently from one another. There are generally no shared facilities or infrastructure. This form of subdivision provides the owner with complete autonomy with their land.
A community division is the division of land into at least two lots and an area of common property, such as car parks, garden beds or common driveways, and is for shared use amongst the lot owners and insured by the Community Corporation. The boundaries of each community lot are defined by surveyed measurements and the buildings thereon are to be insured individually by each lot owner.
Unlike a community division, the boundaries of a lot within a community & strata land division are defined by the building on the land rather than surveyed land measurements, and are commonly associated with multi level apartment buildings or commercial property. The building itself forms part of the common property and is the responsibility of the lot owners (the Community Corporation) to maintain and insure.
Land Divisions and Community Divisions can be a complex process which take time and careful planning. The division process can be costly and frustrating if bad decisions are made. It’s important to engage professional advice from the outset, as some decisions can cause significant time delays or additional costs.
Some possible issues can include:
Whether you’re a developer, investor or a homeowner, your land conveyancer can advise and work closely with you through the entire division process to ensure you plan appropriately and navigate any potential issues.
As South Australia’s largest conveyancing firm, we have a dedicated Land and Community Division team who have put together some tips about the preferred process to follow:
If you have not yet chosen a surveyor, please contact our office and we can provide you with the names of surveyors that we deal with regularly.
Once the State Commission Assessment Panel (SCAP), SA Water and Council’s conditions are satisfied and fees are paid, SCAP will issue the Certificate of Approval to the surveyor which will enable them to lodge the Division Plan with the Land Services SA for examination and approval. The surveyor will also advise your land conveyancer of the Certificate of Approval which will allow them to progress with the Application for Deposit of a Plan of Division or Application for Community Division.
As South Australia’s largest conveyancing firm, our specialist Land and Community Division team are experienced in undertaking complex divisional-related conveyancing work. Contact our team of residential and commercial property Adelaide conveyancing experts today by completing the form or calling us on 08 8366 7900 to see how we can help you with residential land subdivision.
If you are purchasing a property in South Australia for the first time and you have purchased a property interstate beforehand, you may be familiar with the concept of a pre settlement inspection. This usually occurs a few days before settlement and is a chance for the purchaser to confirm that the condition of the property they are about to settle upon is as it was inspected and with the same inclusions contained in the Contract of sale.
The pre settlement inspection gives the purchaser the opportunity to examine things like:
As we said, while pre-settlement inspections are common in some states they are not in South Australia. If you specifically require a pre-settlement inspection, this can be considered for inclusion as a special condition when you sign the Contract of Sale.
E-conveyancing is the process of conducting property conveyancing transactions electronically. It involves the use of digital technology to transfer documents including the property title and other legal documents between parties involved in a property sale or purchase. At the moment the main platform providers operating in Australia are PEXA and Sympli.
The main aim of e-conveyancing is to simplify and streamline the process of property conveyancing work by reducing the need for manual paperwork and increasing the efficiency of communication between parties. E-conveyancing platforms enable real-time access to relevant property information, including land titles, mortgage details, and other legal documents.
E-conveyancing is currently being implemented in several countries around the world, not just Australia. It is used also in New Zealand, and Singapore. It offers several benefits, including faster processing times, reduced errors and costs, improved security, and increased transparency in property transactions. E-conveyancing was mandated in South Australia in August 2020, driven largely by the global pandemic which saw the closure of face to face settlement operations.
In most cases, it is not recommended for a vendor and purchaser to use the same conveyancer, as this can create a potential conflict of interest. A conveyancer’s primary responsibility is to their client, and they are required to act in their client’s best interests at all times. If a conveyancer is representing both the vendor and the purchaser, they may not be able to provide impartial advice to both parties.
However, in some situations, such as a family transfer or where both parties are known to each other and agree to the arrangement, it may be possible for a vendor and purchaser to use the same conveyancer. In these cases, the conveyancer must disclose the potential conflict of interest to both parties and obtain their informed consent.
So, while it is possible for a vendor and purchaser to use the same conveyancer in certain situations, it is generally not recommended. Engaging separate conveyancers ensures that each party has an advocate who is acting solely in their best interests and can provide impartial advice throughout the transaction.
The length of the conveyancing process in South Australia can vary depending on a variety of factors, including the complexity of the transaction, the efficiency of the conveyancers involved, and any potential legal or financial issues that may arise during the process.
Typically, the conveyancing process can take anywhere from 6-12 weeks to complete. This timeframe includes the time required for searches and checks to be conducted on the property, the preparation of legal documents, and the exchange of funds between the prospective home buyer and seller.
However, the process can sometimes take longer if there are any unexpected legal or financial issues that arise, such as disputes over property boundaries or outstanding debts on the property. In these cases, the conveyancers may need to take additional time to resolve the issues before the transaction can be completed.
Overall, it is important to allow enough time for the conveyancing process when buying or selling a property in South Australia, to ensure that everything runs smoothly and to avoid any potential delays or issues. Engaging an experienced and efficient conveyancer can also help to speed up the process and ensure that the transaction is completed as quickly and efficiently as possible.
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