NSW Communal Land Not on Property Title - Insights on Property Law?

[Richa]

I am selling a flat in a block of four. It was built in 1967 and the car space and the backyard are not on the title but are classed as common land. This is putting off prospective buyers.

The conveyancing solicitor believes the best thing to do is to activate the owners corp and have each flat given a 99 year lease on their car space and backyard. This advice has been given to interested buyers but has not convinced them.

Basically I am trying to find out what it would take to sort out this situation so that each flat has their car space and backyard on their title. Where can I go to get advice on this and an idea of the cost? before I engage a solicitor to sort it out?

Anyone have any knowledge of this situation? or help as to the best way to proceed under property law?

I was told by the conveyancing solicitor who believes that there is no problem that there was a gap in changeover to new legislation and that my flat was registered in this time. He said that new legislation was brought in and that this would override what was done in my property. I need advice on what implications this override has for me in sorting out the titles.

 

[Amanda E]

Hi @Richa
Why don't you agree with the conveyancing solicitor's legal advice?
Did you engage them to provide advice for your specific situation?

 

[Sarah J]

Hi Richa,

So the land is not subdivided? Is it managed under strata title? Do you know how the management works for the common land?

Do you know what legislation (and provisions in the legislation) was/is governing the common area and your own property? It is difficult to advise on property matters without knowing the property ownership structure and there are quite a few structures out there.

Since 1967, have you and the owners before you always used one particular parking space and a specific part of the backyard? Therefore, is the yard/car space easily divisible and exclusively used by the owners/occupiers of your flat?

 

[Richa]

Thanks for taking the time to reply. The unit sold today, yeah! so I at least don't have to worry about the communal areas etc regards Richa

 

[Richa]

Hi @Richa
Why don't you agree with the conveyancing solicitor's legal advice?
Did you engage them to provide advice for your specific situation?

Hi Amanda,
The unit sold today !!! so I don't have to worry about all and the purchaser obviously was not put off. Thanks for replying
regards Richa