What is a Land Division?

Published On: 26 May 2022

A land division is the process of creating one, or more, additional allotments from an existing block of land.

What are the different types of Land Division?

The most common types are:

  • Torrens Titles
    An Application for Deposit of a Plan (the form often referred to as RTU or RTC) creates an additional allotment, or allotments, in a parcel of land.
  • Community Titles
    An Application for Deposit of a Plan of a Community Division (the form referred to as an ACT) creates new community titles, normally two or more allotments. A community title refers to a group of allotments that share a common property. Common property can be a common driveway or a small area holding a shared water meter or letter boxes. A legal requirement of the Community Titles Act 1996 is that all common property must be insured separately.
What is involved in the process of dividing land and how long does it take?

The first step
is to engage a surveyor, so they can advise you about development requirements and prepare a proposal plan.

The second, and longest step,
is getting your plan approved by Council, SA Water (if applicable), the State Planning Commission and Land Services SA. Depending on the type of division, and where you live, this can take a few months.

The third step
occurs when the plan has been approved by council, and your development conditions satisfied. Your Conveyancer can prepare the appropriate documents for the plan to deposit and for the issue of new titles.

Your Conveyancer will liaise with your bank and registered interests on the title for consent to the division. You will also need to sign documentation and attend to your Verification of Identity with your Conveyancer.

The final step
happens once the certificate(s) of consent are received from the bank and registered interests, this usually takes around 3 to 4 weeks.

Conveyancing documents are finalised and lodged at Land Services SA. New Titles will be issued after the documents have been examined and registered. Timeframes vary, but usually allow around 4-6 weeks.

Why do I need a Conveyancer? 

A Conveyancer is usually required towards the end of a land division application – when all the approvals have been granted.

A Surveyor will assist you through the process of getting the plan of division approved by council and Land Services SA. Once this process is completed, a Conveyancer will be required to prepare the documents for the creation of the new titles.

If you need any further information on the land division process, please contact the friendly staff at Strathalbyn Conveyancing.