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In South Australia, a conveyancer can provide valuable assistance in the process of land division, which, in a simple form, involves dividing a single parcel (allotment) of land into multiple parcels of land.

In South Australia, the land division process typically involves the following steps:

Feasibility Assessment: Initially, the property owner or developer assesses the feasibility of dividing land by considering factors such as zoning regulations, planning requirements, and any restrictions or restrictive covenants that may apply to the property.

Application Submission: Once the feasibility is determined, an application is prepared and submitted to the relevant regulatory authority. The application includes a proposed plan detailing the proposed new allotment sizes, boundaries, and any required infrastructure or services.

Assessment and Approval: The regulatory authority reviews the application, assessing its compliance with planning policies, development regulations, and infrastructure requirements. They may also seek input from other government departments or agencies during this process.

Conditions and Negotiations: If the application is deemed acceptable, the authority may impose conditions or negotiate modifications to the proposal. These conditions can include infrastructure provision, stormwater management, or environmental considerations.

Plan Preparation: Once all conditions are satisfied, a licensed surveyor prepares a final subdivision plan, which precisely identifies the new allotment boundaries, dimensions, and any easements that may be required.

Legal Documentation: The surveyor lodges the final subdivision plan with the South Australian Lands Titles Office for approval and provides a copy of the final plan to a conveyancer who prepares the necessary legal documents to give effect to the plan.  These documents include the application for deposit of the plan, request for new titles, vestings to accommodate changes in ownership of any land, creation of easements and consents from parties with registered interests.

Registration and Approval: The South Australian Land Titles Office examine the final plan and all the supporting documents lodged with them and, when satisfied, the plan will be deposited and the documents registered.   This process establishes new titles for the newly created allotments.

Compliance and Certification: After registration, the developer or property owner may need to ensure compliance with any remaining conditions, such as completing infrastructure works or obtaining relevant clearances or certifications.

Settlement and Handover: Finally, once all requirements are met, including new titles being issued, the property owner can proceed with settlements on the sale of the new allotments or retain ownership for their own use.

 

It is advisable to involve a conveyancer in the early stages of a land division, even before submitting the application as they can provide valuable guidance on the land division process and help ensure that you comply with all legal requirements from the outset.  Engaging a conveyancer early on can help streamline the process, address potential issues, and ensure a smoother experience overall.

Note that land divisions vary in complexity quite considerably depending on the number of allotments involved, whether easements are required for drainage or to enhance access, whether there are any ownership changes and regulatory requirements applicable to the particular area.  

It is recommended to consult with a conveyancer experienced in land divisions in South Australia to get specific guidance tailored to your situation.

Use our Find a Conveyancer tool and under the filter option, you can select conveyancers who specialise in this area.

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