You need to know which type of land division to apply for if you would like to modify the boundaries of your property or change the documents of ownership. This article discusses the common land division types that you can choose from.
Torrens Title Divisions
A Torrens title is a document that signifies that one has exclusive ownership of a piece of land. Torrens land divisions involve the division of a piece of land into a minimum of two separate lots. Each lot is then owned independently from all the other lots that were created during the land division. There is no shared infrastructure (such as a driveway) or shared facilities. Each of the new lots created after the land division has its own Torrens title.
Community Title Land Divisions
A community title land-division refers to the division of a piece of land into a minimum of two lots. Those lots have common infrastructure or facilities. For instance, the lots created may share a driveway or a power line from the municipal utility company. The shared facility or infrastructure is referred to as common property.
Community Strata Title Land Divisions
A community strata title refers to a document that shows the ownership of stratified properties. For instance, several people may own each of the stories on that multi-level building. Thus, the boundaries of the different lots are defined by a reference to different parts of the building. The owners of a community strata title need by-laws to regulate how they will take care of the property jointly. Land divisions for this kind of title may involve adding or removing land from the boundaries of the property. It can also include converting the ownership of part of the property (such as a horizontal lot) to a Torrens titled property. The by-laws of the owners of the property can provide guidelines about how the interests of the other community strata owners can be protected during and after the land division.
Each jurisdiction has a set of procedures that one should follow so that the land division takes legal effect. Find out what the procedure is in your area so that you know how to proceed. You can also consult property surveyors for professional advice about the pros and cons of each kind of land division. You can then make an informed decision about the most appropriate land division type that will address your needs.