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In our strata duplex we have approx 60per cent of the entitlements, the neighbours ca 40%. If we want to convert to Torrens, does our 60% vote prevail as it does (we think!) in ordinary matters?
If we both agree to the change of title, or if our lone vote in favour prevails, do we disburse the strata fund in the same proportion as it was contributed?
If we retain a solicitor to convert the title, is it fair that we split the bill 50:50 (as each will benefit equally in acquiring their own TT home) ? OR: is each proprietor expected to have separate legal advice for a mere title conversion? Any idea what converting the title would cost with all various dox and plans or whatever? (Our duplex is 7 years old.).
What do we need to watch out for – eg: common TV aerial?
Our neighbours were keen on converting to Torrens but have become worried by ill-informed advice, so grateful for any help please.
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Extinguishment of strata title requires 100 percent agreement. Everything else flows from that because you won't be able to get your neighbour to do anything they don't want to do (and vice versa) or pay anything they don't want to pay.
Obviously you'll have to reach contractual arrangements for remaining common property (like the aerial) but that's well beyond my area of expertise.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
It is but a moot point; Strata Title can only be applied to Torrens Title. What you are really seeking is to remove Strata Title and convert both units to sole (Torrens) Title
Hello sun consulting
You may both file an application at the Department of Lands to terminate the strata scheme pursuant to section 51A of the Strata Schemes (Freehold Development) Act 1973.
Jimmy T is correct. The application must be signed by all owners and each registered lessee, mortgagee, chargee and covenant chargee of a lot or a registered lease.
Upon winding up the strata scheme, the funds are distributed and all debts paid in accordance with each lot owners unit entitlements.
With respect to solicitor’s advice, it is up to you and the other owner how you want to share the costs. There is no set precedent.
You would want to make sure that termination is viable and that where elements of common property are shared they can be effectively separated. You would need to discuss this issue with a builder or consultant and a lawyer.
The costs you would need to consider are for Council consent, surveyor (where a plan is required), an accountant, any stamp duty implications and Department of Land fees. Lawyers costs would be in the vicinity of $10,000.00.
Loraine Booth
Lawyer———————————-We are in the process of doing the change in the Sydney metro area. We do not actually have any common property, sinking fund, etc so it is not too complicated. We just have an easement on one of the lots for sewerage and water. The Lands Department are a fairly small part of the equation, it seems. They told me that they were fine with the change as long as the local council approved. That is where the most work is involved with a rather detailed application involving NSW Planning and Infrastructure legislation. With help from the council's planners and some careful reading of bits of law referred to in the questionnaire, we expect to pay only council, Sydney water check, surveyor and land titles office fees, amounting in total of under $7,000 between us. We might or might not have to pay a plumber to move our water supply from the easement, which would add somewhat to the costs. I would comment on the quote of $10,000 to hire a solicitor, but the limitations of this site preclude such. Good luck with your project.
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