Frequently Asked Questions
This may not tell you what will be possible for your specific land or building. For individual advice, please contact us at Tenure Solutions.
1. Why is the Tenure Solutions offering unique ?
We provide a customized service to meet your land or building needs, unlocking and maximising value in an innovative way. Many people would like to rearrange their land or building interests to give them more flexibility, more choices, additional cash. Often what they want is blocked by rules and regulations limiting subdivision. Tenure Solutions moves away from limited traditional thinking around how land and buildings are seen and their future potential; we combine all the possible available legal tools including company title. Many thousands of properties around Australia have been held under company title for over a hundred years.
2. How common is Company Title?
Company Title is widely used around Australia for more than 100 years. There are thousands of properties in and around Brisbane include apartments in iconic buildings such as Torbreck (Highgate Hill), professional suites in Ballow Chambers (Spring Hill), private apartments on Hamilton Island and a jetty in the Noosa River.
3. Is Tenure Solutions work legally compliant ?
Sure thing; absolutely. We only work within the law. We work within established, current tools to suit individual needs but always ensure legal compliance.
4. In terms of costs and timing, how does Tenure Solutions compare?
Current commonly-used tenure processes (for instance getting local government planning approval, subdivision/community title plan sealing and registration) normally take between 9-12 months to complete and costs often start well above $50,000. Tenure Solutions typically have the property apportioned as requested, shareholders’ ownership defined and the interests in separate areas ready for sale within 4-6 weeks, start to finish. Our all-up costs can be as low as one quarter of alternate approaches.
5. Is the resale value of a property diminished when Company Title is used?
We have been advised that in existing Company Title properties, the valuations of ‘specified areas’ retain and/or gain in value in comparison with similar types of property (land or buildings). In our experience as well as observation, ownership is readily transferred and banks and finance providers lend against the shares to support transfers of ownership.
6. How do the costs of Company Title compare to subdivision and community title?
The cost of establishing the Tenure Solutions system is significantly less than a traditional or community title subdivision; in some situations, as little as one-quarter of the cost. In addition, the combined establishment and ongoing administration costs for Company Title are significantly less than a community title arrangement.
7. In terms of length of time needed, how does Tenure Solutions compare?
Current traditional tenure methods involving planning approval, subdivision/community title plan-sealing and registration, normally take between 9-12 months to complete. Depending on the complexity of the property, with Tenure Solutions we typically have the apportionment of the land or building completed and registered, and, if intended, shareholder ownership defined and ready for transfer, within 4-6 weeks, start to finish.
8. What about transfer duty and GST?
Transfer duty may be assessed in some situations and in respect to some parts of the transactions, but are never higher than they would be in a subdivision situation. Mostly, GST isn’t applicable.
9. Does the local council have any role in these company title solutions?
To a limited extent, local authority rules and regulations apply to all projects. Some state and federal laws may also apply. Tenure Solutions only develops solutions which comply with relevant rules and regulations. Council involvement is not required if the proposed use of the land and/or buildings comply with the local government’s planning scheme. Private certifiers are typically used in approval of buildings and structures within existing zoning entitlements and compliance with building codes.
10. What happens to the remaining and/or common areas on the property?
In apportioning land or a building into saleable specified areas, some parts will be set aside for common use for instance for road access. These are called Common Areas and usually will be defined in the setup of the project.
11. In a Company Title situation, is the buyer beholden to the initial land owner ?
No, the constitution provides for each shareholder to have one vote with respect to management and governance of the company, regardless of the size of the individual Specified Areas. So everyone is on an equal footing.
what people are saying about us
George Johnson, Secrets on the Lake, Montville, Queensland
"All we wanted was to stitch off a corner of our land for our son to build a home and of course he didn't want to put a lot of money into our property. We had ran into all sorts of problems, told we couldn't do it, told it would cost us a bomb and take for ever. The folk at Tenure Solutions worked it through for us, set it up perfectly, cost was very reasonable and it only took a month or so. Very happy."
Elaine Tenor, via Beaudesert, Queensland
"Tenure Solutions offered a valuable and effective service when I was looking to set aside and get some money for a few small areas of my property in the Sunshine Coast Hinterland.
I'd been frustrated by rules and planning requirements that in effect prevented me from doing what I wanted. Tenure Solutions had the answers."
Ken Schroder, Stradbroke Island, Queensland
“When we got married, we soon discovered, after much searching that we were never going to afford an inner-city place of our own. We partnered with a like-minded couple with two young kids, to purchase a small vacant lot and design and build a house on it.
Both couples have our own “house within the house” as we say, in our own right, in which we are both raising our families, and we’re growing our own home-based business. Tenure Solutions knew their stuff and provided us with the framework to realise these dreams."
Sarah and Ivan Eriksen, Highgate Hill, Queensland
“The Tenure Solutions team came up with the answer we’d been looking for: we wanted to bequeath our property to our two kids with equal shares. With Tenure Solutions apportioning the property into three (one for us and one for each of the kids), we provided our kids with an asset they could borrow against to build their own ‘pavilion house’. We gave them a start in life and provided for a smooth transmission when we pass away."
Paul & Dale Vaille
“We had established and successfully operated our rural resort for over twenty years. None of our kids were at all interested in taking on the business, and we couldn’t find a buyer for the entire property at the right price. The people at Tenure Solutions were very helpful and came up with a way forward and the opportunity to sell off shares in the cabins and suites. We kept the big house because we loved the place and we retained the property rental and management rights which provide us with a steady income in our ‘retirement’."
Merv and Isobel Morrison, Tweed Region, North New South Wales
Tenure Solutions is expert in providing our clients with customised pathways to divide, occupy, share and trade in commercial and personal property assets.
email: email@example.com Website: www.tenuresolutions.com.au
Phone: 0423 747 179
PO Box 2037
Graceville East, QLD 4057.