We frequently come across situations where a land parcel contains multiple residences or structures, and the owner wants to transfer ownership rights to one or more of these houses through land or building subdivision. However, this can be challenging due to council’s planning laws, which may not permit such subdivisions for reasons like minimum lot sizes or zoning restrictions on land use. In such cases, the council refuses to approve a survey plan, preventing the issuance of new titles by the government land registry.
Fortunately, leases and licenses offer a viable alternative solution.
In Queensland, a lease over a portion of a lot requires council approval for subdivision, but a lease over a building or part of a building does not. This means Titles Queensland can register a lease over a building without the need for council approval. Additionally, if there’s a desire to grant exclusive use of a specific area of land surrounding the building, this can be achieved through a license attached to the lease. The best part is that this license, granting rights to land usage, does not require council approval.
The registration process by Titles Queensland provides certainty for all parties involved.
Under this arrangement, it’s crucial to ensure that leases, with or without attached licenses, have legal access from a public road. Unlike standard council-approved land subdivisions, Titles Queensland won’t register an easement providing access from a public road unless it has council approval. In the case of leases, property owners can grant a lease over the entire property to one or more individuals or corporations (including themselves) and create a co-owners agreement to cover arrangements of sub-leases and licenses, including access to all the leases. All of these agreements can be easily registered with Titles Queensland. The best part is, leasing the entire property doesn’t require council approval.
At Tenure Solutions, we can arrange plans and documentation to accommodate any combination of leases, licenses, and co-owner agreements, tailored to meet your specific requirements.
It’s essential to note that land registry requirements related to leases and licenses may differ in various States and Territories. However, Tenure Solutions can clarify these on a case-by-case basis.
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