Frequently Asked Questions

Subdividing your property can be quite complex. You need clear advice on the procedure and length of time it takes to subdivide your property. We can assist you every step of the way, from liaising with your surveyors regarding the plan of subdivision, keeping track of Council’s progress through the approval stages, liaising with your bank and preparing and lodging the subdivision documents for registration at the Title’s office.

When does a lawyer need to become involved?

Usually once the Council has issued the Statement of Compliance and the surveyor has released the plan for lodgment, the lawyer can be instructed to prepare the subdivision lodgment documents. However, if you are having difficulty communicating with your surveyor or understanding the process, a lawyer can be instructed earlier to guide you through the process.

What happens if there is a mortgage on the title?

If there is a mortgage on the title, you will need to decide if after the subdivision, you want the mortgage to remain over all of the lots, or if you wish the mortgage to only apply to some of the lots. The bank may require valuations of each lotto decide whether the value of the lots are sufficient to cover the loan amount. You will need to obtain the bank’s consent to the subdivision and as they hold control of the Certificate of Title, the bank will be required to nominate the title. This process can take a number of weeks.

Questions? Ask our Property Law team.

Teagan Howard
Deceased Estates
03 9870 9870