Severance Titles: Quite often the question is asked how a neighbour has been able to ‘subdivide’, whilst an adjoining owner has been refused approval. It may be that the adjoining owner has enjoyed the benefits of preparing ‘severance plans’ prior to 1995.

Historically the term “severance” was given to a block of land that could be excised from a larger title without the need for the boundaries to be surveyed, or for local council approval to be obtained.

In 1993 parliament enacted a suite of legislation to provide the state with a resource, management and planning system.

The Local Government (Building and Miscellaneous Provisions) Act 1993 was part of the legislative suite that, amongst other things, abolished severance titles.

The definition of “block” in the act still allows for the following part of land transfers, without the need for survey or council approval-

 The whole of a lot on a plan lodged with the Recorder of Titles before 1 January 1995
 The whole of an original crown grant
 The whole of the land in a title
 The whole of the land in a deed
 Part of the land in a title that can be verbally identified by description for transfer purposes

The act prohibits the part of land transfers of “severance blocks” that are-

 Intersected by a highway, railway, tramway or any other way
 Intersected by land of the crown, the commonwealth or other person
 A fragmented portion of a title that requires mathematical closure for description.

The severance moratorium expired on 1 January 1995 therefore only lots on plans lodged with the Recorder of Titles before that date can still be used to obtain part of land severance titles.

SIMPLY:

If a plan relating to severance lots was prepared and lodged with the Lands Titles Office prior to 1995, it is still possible to obtain separate titles without the need for Council approval or sometimes survey in the field.

HOW WE ASSIST:

We can determine the status of existing survey plans lodged at the Lands Titles Office and advise you accordingly.

Contact us for advice in relation to these matters.