Our cost effective solutions that may be of assistance to you
Our reports are based on current available land information and generally cover the following :
Current Land Information including area, shape, Survey Plan number, etc.
Discussion of possible Tenure options, alternatives and/or opportunities.
Land use and zoning information, including any limitations on development relating to land and buildings, constraints or overlays including environmental, slope, bushfire, flooding, proposed infrastructure, etc. restrictions.
Any limitations or restrictions encumbering the property including easements, lease areas, etc.
Available infrastructure and service information, above and below ground level.
Other available information, including Native Title, Cultural Heritage, etc.
Our services include the following surveying options :
Subdivision of land and buildings via council approval. We survey and prepare survey plans for registration in the Queensland Titles office
Detail surveys and topographic surveys both including creating contours
Set-outs of engineering designs
Boundary identifications – we survey and peg your boundaries or additional line points along boundaries
Terrestrial scanning of buildings, structures, in fact anything you may need dimension for design purposes
Other land investigations including Native Title, Cultural Heritage, etc.
Call either Bryan (0411395421) or Eddie (0423747179) to discuss all your surveying needs..
COMPANY TITLE SUMMARY
A very brief history of Company Title in Australia
Company Title is a form of ownership that predates strata title in Australia. Before 1961, when strata title was introduced into Australia in New South Wales, buyers used Company Title to effectively purchase apartments and office suites in high-rise buildings through owning shares in a company which in turn owned the building. Torbreck on Dornoch Terrace, Brisbane, and the Mount Nebo Plant Nursery, Mount Nebo are early examples of urban and rural Company Titles in Queensland.
Company Title and Titles Office Title
‘Titles Office’ Title – including Torrens, Strata and Community Title – are distinct from Company Title. Forms of Titles Office Title typically involve a subdivision or reconfiguration of a property (building or part of a building, land or air space).
Company Title, which operates under the Corporations Act (Cth) 2001, does not involve subdivision or reconfiguration of a property. Under Company Title, owners of shares have a complete suite of rights with respect to an area (Specified Area) in the property or the building, including:
- The right to exclusive occupation and use of the Specified Area.
- The right to make improvements and erect structures on the Specified Area.
- The right to transfer ownership of the shares and the associated rights along with ownership.
- The right to borrow against the value of the shares.
Shareholders in a Company Title receive a “title” to their Specified Area through ownership of shares, recorded in the Members Register with ASIC and a Share Certificate, with associated entitlements set out in the Constitution of the company
Company Constitution
Another essential feature of Company Title is the Company’s Constitution which meets the requirements of ASIC, and sets out the entitlements and rights of the shareholders, and sets out the rules for the operation and management of the Company – transfer of shares, voting rights, information about the company’s management and operation.
Tenure Solutions has developed a ‘model’ Company Title Constitution and a streamlined process for customising the Company Title Constitution to suit your property and your individual intentions.
Company Title over (almost any) property
As Company Title is not a subdivision or reconfiguration of a property, a Company Title can be implemented over almost any property, including parts of a house, a residential allotment, granny flat, an existing block of flats, or a bush block.
Company Title is available to provide separate titles to portions of a property in many circumstances where subdivision is not permitted.
Operation of Company Title is independent of State and Local Government requirements, except to the extent that developing structures on the Company’s property must be carried out in accordance with relevant planning and building regulation.
Company Title typical process and timing
The Company Title process can be generally described as follows:
- Client approaches Tenure Solutions and discusses land/building division requirements, planning and building code requirements and opportunities to divide.
- Client provides “sketch plan” showing proposed division of land/building, to form the basis of the Specified Area Plan.
- Client accepts Tenure Solutions T&C’s and appoints Tenure Solutions to proceed with Company Title process.
- Tenure Solutions registers the company and works with the client to fine-tune the company constitution (i.e. the company structure designed to provide for the uses of different areas on the land as well as shareholdings of various “owners” and subsequent management of the property).
- Surveying and definition of the usage areas (Specified Areas and Common Property) on the ground
- Formalisation of the Company Constitution (Company Registration) and Specified Area Plan
- Registration of Shareholdings and handover of final documents to client
- The timing for the entire process typically takes less than 3 months to complete
LEASE & LICENSE SUMMARY
An overview of Lease and License in Queensland
Lease and License is a form of land holding and usage of building/s (and land) that has existed for years. There are two types of Lease, namely a) short term lease (less than 5 years) and b) long term lease (longer than 5 years). We are only concerned with the long term lease as this allows for one to trade and transact in property.
Lease over Building/s
A lease over a building/s (or parts thereof) can be registered in the Titles Office. As part of the Titles Office process a License Area (e.g. a garden area surrounding the Lease) can be formalised by representing this on the Survey Plan.
Defining criteria for such a Lease include:
- Lessor Details,
- Lessee Details,
- Period of Lease,
- Size and nature of the Lease (typically shown on a Survey Plan), including position of the building/s in relation to property boundaries, represented on a Survey Plan, and
- Conditions of Lease, effectively the “Body Corporate” rules between the Lessor/s and the Lessee/s
Lease and License and Titles Office Queensland
A Lease over the whole of a property and/or a lease over a building does not require Council approval. This opens the door for a registration process allowing for the occupation, usage and “ownership” of part of a property without formally subdividing.
Generally the registration process is as follows:
- a Lease is registered over the whole of a property, which allows for legal access to be provided to each of the Sub-Leases.
- Sub-Leases are then defined on a survey plan showing each of the building/s (or parts thereof), the area of each sub-lease and the position of the sub-lease/building in relation to the property boundaries.
- Each Sub-Lease can then be registered against the title of the parent property.
- Each Sub-Lease can then be traded and transacted.
Lease and License, provides for the legal usage of a building/s (or parts thereof) and does not involve formal subdivision or reconfiguration of a property.
Under Lease and License, the Lessee has a complete suite of rights with respect to part/s of a building/s which includes:
- The right to exclusive occupation and use of an area relating to building/s (or parts thereof), subject to the lease agreement details.
- The right to use of an area, defining a license area, which may be attached or detached from the lease.
- The right to transact and trade in the lease by means of changing the details of the lessee in the Title Office.
- The right to borrow against the value of the lease (subject to bank or other financiers requirements).
Lease Agreement / Constitution
Another essential feature of Lease and License is the Lease Agreement which, as well as setting out the entitlements and rights of the both the Lessor/s and Lessee/s, sets out the rules for the operation and management of the property.
Tenure Solutions has developed a ‘model’ Lease and License structure and a streamlined process for customising the Lease and License process to suit your property and your individual intentions.
Lease and License over (almost any) property
As Lease and License is not a subdivision or reconfiguration of a property, a Lease and License can be implemented over almost any property which has existing building/s, including parts of a dwelling (primary and/or secondary) e.g. a pavilion/exploded house – see our associates website.
Operation of Lease and License is independent of Council and Local Government requirements, except to the extent that the structures on the property must be in accordance with relevant planning and building regulations.
Accordingly, provided that a structure/building may be approved under the local planning scheme, Lease and License is available to provide separate titles to the whole or portion/s of a building in many circumstances where subdivision is not permitted.
Lease and License typical process and timing
The Lease and License process can be generally described as follows:
- Client approaches Tenure Solutions and discusses building division requirements, planning and building code requirements and opportunities to divide
- Client provides “sketch plan” showing proposed division of building or lease and license area/s to form the basis of the Survey Plan showing Lease Area/s
- Client accepts Tenure Solutions Terms and Conditions and appoints Tenure Solutions to proceed with Lease and License process
- Tenure Solutions works with client to formulate set of Lease/License rules
- Surveying and definition of the lease and license areas on the ground
- Formalisation of the Lease agreement and Survey Plan
- Registration of Lease and License Plan and documents in the Titles Office
- The timing for the entire process typically takes approximately 3 months to complete
We offer Project management services for surveying of all land and buildings, including subdivision, strata title, community title and planning proposals.
Our areas of expertise include :
Subdivision of land by Council Approval
Division of buildings and land utilising our Lease and License process
Planning Development Applications, Pre-Lodgement meetings, Planning advice, Land use and zoning information, Planning Reports, …
Subdivision of buildings into Lots, Exclusive Use Areas and common property utilising Strata Title or Community Title
Division of land and buildings utilising Company Title
We provide property owners with effective solutions to enhance the value of their assets.
Are you a property owner aiming to unlock the full potential of your land? Look no further. Whether you’re eyeing development opportunities, considering subdivision, or exploring other avenues, we’re your go-to resource for navigating the intricate process of property enhancement.
Our seasoned team of professionals comprehends the unique intricacies associated with land ownership and development. From conducting thorough property analyses and market research to devising development plans and overseeing project management, we offer a comprehensive suite of services tailored to your needs.
Embracing a collaborative ethos, we prioritize understanding your objectives, priorities, and constraints. By taking a holistic view of the development journey, we factor in considerations such as zoning regulations, environmental guidelines, and market dynamics to craft bespoke solutions. Our Tenure Options Report delves into alternative opportunities, including Dual Occupancy, Secondary Dwelling, Company Title, or Lease & Licence agreements, which you may not have previously considered.
Whether you’re contemplating property development, subdivision, or exploring alternative avenues, we’re committed to guiding you every step of the way. Explore our site to discover how we can assist you in realising the full potential of your property.
If you’re a property owner looking to maximise the potential of your land, you’re in the right place. Whether you’re considering development, subdivision, or other options, we’re here to help you navigate the complex process of property enhancement and achieve your goals.
Our team of experienced professionals understands the unique challenges and opportunities that come with owning and developing property. We offer a comprehensive range of services, from property analysis and market research to development planning and management. With our expertise and support, you can make informed decisions that will help you achieve the greatest return on your investment.
We believe in a collaborative approach to property enhancement. That’s why we work closely with our clients to understand their goals, priorities, and constraints. We take a holistic view of the development process, considering factors like zoning, environmental regulations, and market trends to develop tailored solutions that meet your specific needs. Our Tenure Options Report can provide insight into alternative opportunities you may not have thought of, some of which could include a Dual Occupancy, Secondary Dwelling, Company Title or a Lease & Licence agreement.
So whether you’re looking to develop your property, subdivide it, or explore other options, we’re here to help you every step of the way. We invite you to explore our site and learn more about how we can help you unlock the full potential of your property.
We can offer wide-ranging professional advice before you enter into any land or property agreement. One of our recent reports assited a client in determining that the potential flooding and overland stormwater flow on the site would drastically restrict the development potential.
We support you with a range of specialist services
Survey
Survey
Surveying services, providing a precise plan to use in the development, share, use, purchase of, and trade in your property.
Tenure Options Report
Tenure Options Report
Enquire now about our Tenure Options Reports. These include town planning investigations, subdivisional proposals, alternative tenure proposals and cost of subdivision
Planning
Planning
Planning services advising on the potential for, and pathways to, property development.
Feasibilities
Feasibilities
We prepare feasibilities to support the business case for development of your property.
Finance
Finance
We partner with brokers and bankers in innovative, responsible, property investments and purchases.
Design
Design
We partner with builders and building designers who have their own designs which may be packaged or built for sale or rent on your property.
We have provided clients with customised solutions to help secure:
The sale of part or parts of a property to raise money for the superannuation fund, or pay off a mortgage.
A safe way of investing in the sharing or caring with other people, places of ecological, horticulture or landscape significance.
Apportioning a property to title a separate area of land and hut in a community hermitage retreat.
Your own cottage, suite or cabin in a co-housing community, share house or ‘ecovillage’.
Conventional tenure solutions such as subdivision or community title.
The division of a co-operative living property to provide individual areas within a dwelling (such as individual bedrooms with shared facilities), for occupation or sale.
Arrangements for separate titles for caravans or tiny houses within a lot
Purchase and apportionment of property into titles where individuals have their own living space and share the costs of living, working, innovating, creating or playing.
Certainty about succession – future entitlements to occupancy and exclusively use of parts of your property between individual members of your family, saving potential differences of opinion when succession arises.
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Tenure Solutions is expert in providing our clients with customised pathways to divide, occupy, share and trade in commercial and personal property assets.
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