Understanding Property Titles in Australia: What is a Property Title?
A property title is a legal document that proves ownership of a property. It is issued by the government and registered at the Land Registry. The property title shows the name of the owner, the type of title and any restrictions on ownership.
Torrens Title, Limited Torrens Title, Strata Title, Company Title, Leasehold Title, Community Title, Retirement Villages: What’s the difference?
TORRENS TITLE also known as FREEHOLD TITLE
Torrens Title is the most common form of title in Australia. It is a system of land registration introduced in the mid-19th century. Torrens Title is based on the principle of incontestability, which means that the title is conclusive evidence of ownership.
A Torrens title gives the owner complete ownership of the land and property. This type of title is often referred to as “freehold” and is typically used for detached houses and apartments.
LIMITED TORRENS TITLE
Some Torrens Title properties may have limited boundaries due to inadequate surveying. To confirm the boundaries of these properties, owners can hire a surveyor for a fee. This may assist in converting the title to a standard Torrens Title.
STRATA TITLE
What is a strata title?
Strata title, initially introduced in Australia, is a form of property ownership for multi-storey apartment blocks and horizontal subdivisions with common areas.
Definition of Strata Title: “A form of ownership for multi-storey apartment blocks and horizontal subdivisions with common areas.
Owners of strata title properties own their individual units but share ownership of the common areas such as hallways, lifts, gardens and swimming pools. Strata title properties are often cheaper to buy, but come with annual (and sometimes one-off) strata fees for the maintenance of the common areas.
Advantages and disadvantages of strata title
Like any form of property ownership, strata title has its advantages and disadvantages.
Advantages
- Affordability.
- Community living.
- Shared maintenance
Disadvantages
- Less autonomy.
- Restrictions on making changes to the property.
- Potential for disputes between owners
Selling a Property with a Strata Title: Disclosure Statement
You will need to provide a Disclosure Statement from the Body Corporate when you sell a property.
Managing a Strata Scheme
Strata Schemes are usually managed by a body corporate or strata company, which comprises all the owners in the scheme.
STRATA TITLE FREQUENTLY ASKED QUESTIONS
What is the difference between a Strata Title and a Freehold Title?
The main difference between a strata title and a freehold title is that a strata title is used for multi-unit developments. In contrast, a freehold title is used for individual properties.
Strata title
A strata title gives each unit owner a separate title to their unit and an interest in the common areas. Common areas can include things like hallways, lifts, gardens and fences. Strata titles are governed by a corporation that is responsible for managing the common areas.
Torrens/Freehold Title
Torrens/Freehold title gives the owner complete ownership of the land and building. There is no body corporate, and the owner is responsible for maintaining the property.
What are the responsibilities of a strata scheme manager?
The responsibilities of a strata scheme manager vary depending on the size and complexity of the strata scheme, but generally include:
- Maintaining the common areas. This includes tasks such as cleaning, repairs, and maintenance.
- Managing the finances. This includes collecting assessments from unit owners, paying bills and preparing budgets.
- Enforcing the strata bylaws. This includes ensuring that unit owners comply with the strata rules.
- Communicating with unit owners. This includes keeping unit owners informed of important matters, such as upcoming meetings and changes to the strata rules.
- Procuring insurance. This includes obtaining and maintaining insurance coverage for the strata.
- Hiring and managing contractors. This includes hiring and managing contractors to perform repairs and maintenance on the common areas.
In addition to these general responsibilities, strata corporation managers may also be responsible for specific tasks, such as:
- Managing the strata corporation’s website and social media accounts.
- Organising events and activities for unit owners.
- Liaising with local government and other authorities.
- Negotiating with suppliers and contractors.
- Providing advice and assistance to unit owners.
Strata scheme managers play a crucial role in ensuring the smooth operation of strata schemes. By carrying out their duties effectively, strata scheme managers can help ensure that the strata scheme is well-maintained and that unit owners are satisfied with their living environment.
If you are a unit owner, it is essential to understand the responsibilities of your strata scheme manager. You should also be aware of your rights and responsibilities as a unit owner. If you have any questions or concerns, you should contact your strata scheme manager.
How are disputes resolved in a Strata scheme?
There are several ways to resolve disputes in a strata scheme in Australia. The first step is to try to resolve the dispute informally with the other party. If this is not possible, several formal dispute resolution processes are available.
Informal dispute resolution
The first step in resolving a strata dispute informally is to attempt to communicate directly with the other party. This can be done in person, by telephone or in writing. If you do not feel comfortable talking directly to the other party, you can ask a third party, such as a friend, family member or neighbour, to mediate the conversation.
If you can speak directly with the other party, it is essential to be respectful and listen to their concerns. You should also be prepared to compromise. Informal dispute resolution aims to reach a mutually agreeable solution.
Formal dispute resolution
If you are unable to resolve the dispute informally, several formal dispute resolution procedures are available. The most common formal method of dispute resolution is mediation. Mediation is a voluntary process in which an independent third party, known as a mediator, assists the parties in reaching a mutually agreed-upon solution.
If mediation is unsuccessful, the next step is to apply to the Queensland Civil and Administrative Tribunal (QCAT) for a hearing. QCAT is an independent tribunal that hears disputes on a range of matters, including strata disputes.
To apply to QCAT for a hearing, you must submit your application and pay the applicable fee. The application must state the nature of the dispute and the relief you are seeking.
Once you have made an application, QCAT will arrange a hearing date. At the hearing, you will have the opportunity to present your case and cross-examine the other party. QCAT will then decide on the dispute.
Other dispute resolution procedures
In addition to mediation and arbitration, there are a number of other dispute-resolution processes that may be available to you, including.
- Adjudication: A voluntary process in which an independent third party, known as an adjudicator, makes a binding decision regarding the dispute.
- Expert Determination: Expert determination is a voluntary process in which an independent expert makes a binding decision regarding the dispute.
- Litigation: Litigation is the process of resolving a dispute through the court system. Litigation is the most expensive and time-consuming method for resolving a conflict and should be used as a last resort.
There are several ways to resolve a dispute in a strata scheme in Australia. The best way to resolve a dispute will depend on the specific circumstances of the dispute. If you are unsure about how to resolve a conflict, it is advisable to seek legal advice.
COMPANY TITLE
Company title was commonly used in the 1960s before strata title was invented. Under Company title, owners buy shares in the company that owns the building. This means that the owners are not the sole owners of the property and must obtain the consent of the other owners before selling or renting.
A company title is a type of title used for commercial and industrial properties. It is similar to a strata title in that it gives each owner a separate title to their unit as well as a share in the common areas. However, corporate titles are not administered by a body corporate. Instead, they are managed by a board of directors.
Company Title Advantages:
- Lower upfront costs: Company title properties are often more affordable than strata title properties, making them a suitable option for budget-conscious buyers and investors.
- Potential for appreciation: If a company title block is later converted to a strata title, it can add significant value to the property.
Disadvantages of Company Titles:
- Complex ownership structure: Owners of a company title don’t own the property itself, but a share in the company that owns the property. This can make it difficult to sell or let the property and can also lead to disputes between shareholders.
- Lending restrictions: Some banks may be reluctant to lend against company property or may charge higher interest rates.
- Limited control: Directors have the authority to make decisions regarding the property without consulting the shareholders. This can include things like who can buy into the property, whether it can be let and what changes can be made.
Overall, freehold properties can be a good option for buyers and investors seeking a more affordable property, provided they are willing to accept the trade-offs of complex ownership and limited control.
LEASEHOLD TITLE
Leasehold properties are typically located in rural areas and are owned by the government but leased to private owners for a specified period, usually 99 years.
These properties can include cattle farms, wheat farms and churches. The government has the power to decide who owns the land. As a point of interest, all land in the Australian Capital Territory is leasehold.
Leasehold is a type of title used for leased land. The leaseholder has the right to use the land for a set period, but the freeholder ultimately owns the land. Leasehold titles are often used for commercial and industrial properties, as well as in some areas for residential properties.
COMMUNITY TITLE
Many people jointly own properties with a community title. This type of title is similar to a strata title but is used for significant developments such as subdivisions or neighbourhoods. Payments from all owners support the maintenance of the common areas.
RETIREMENT VILLAGES
Retirement villages can have different types of title, including strata title, leasehold title and common title. Retirement villages can also be registered under various other titles. Retirement villages can be bought or leased, but there may be restrictions on how they can be financed.
Which Title is Right for You?
The best type of title for you will depend on your individual needs and circumstances. If you are buying a detached house or apartment, you will most likely need a Torrens title. If you are purchasing a unit in a condominium, you will need a strata title. If you are buying a commercial or industrial property, you may need a company title or a leasehold title.
It is important to note that there may be some restrictions on ownership that apply to all types of titles. For example, you may not be able to subdivide your property or build certain types of structures without permission from the relevant authorities.
If you have any questions about property titles, it is recommended that you consult a conveyancer or solicitor. Real estate agencies on the Gold Coast must have a thorough understanding of the various titles to provide the best service to their clients.
If you’re considering selling your property, give me a call. Let’s grab a coffee and discuss how we can work together to achieve the best possible price for selling your property.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
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