Tag: Blocks

How Adverse Possession Can Affect Buying A Block

Did  you know its still possible to take over ownership of someone else’s private land?

This makes it important to check the Land Title Plan dimensions against the actual site dimensions of your new house block for the following reasons:

  • If the actual dimensions are bigger it doesn’t mean the seller owns the ‘extra’ land unless they can demonstrate adverse possession.
  • If the land is smaller a neighbour may have ‘acquired’  ownership by adverse possession.

Either way you could be in for a considerable amount of legal costs to get the ownership of the land sorted out.

Adverse Possession

Adverse Possession is when someone becomes the owner of land through continued exclusive use of that land.

Limitation Period

Before land can be obtained by adverse possession there has to be continued use use of the land for an extended period. That period is different for the various states as follows:

  • Victoria, 15 years
  • South Australia, 15 years
  • New South Wales, 12 years
  • Western Australia, 12 years
  • Tasmania, 12 years
  • Queensland, 12 years

Crown (Government) Land

With the exception of New South Wales and Tasmania you cannot claim Crown Land. In those two states a longer (30 year) limitation period applies.

The reasons are that it is harder for a government to keep an eye on its lands, and it is assumed that the government hold possessions for the public good, despite any apparent neglect.

How Adverse Possession Claims Work

Adverse possession means not mere occupation but also actual physical possession in an open and peaceful manner, without consent of the original owner.

Any form of permission ( a licence, a lease, or an agreement to use the land), and the claim of adverse possession will fail because it will be clear that the owner gave consent for use with no intention to pass over ownership.

Proof to the Titles Office in your State that the land has been  occupied for the entire period of time is required.  

Evidence will be, that as a minimum, at least one of the following has occurred for the whole of the limitation period :

  • A secure fence has been in place without challenge ;
  • ‘Keep Out, Private Land’ signs have been erected without challenge;
  • Payment of rates and taxes.

The information in this post is of a general nature and you should not try to deal with adverse possession issues without involving a lawyer.

 

For more Information why not look at: anewhouse Guide to Buying a Block

 

 

 

Can You Subdivide?

I would advise calling into the Council Planning Department and discussing your block as early as possible. I have always found them very helpful.

To be better informed here are 4 things to think about before talking to the planner:

State and Local Planning Zones, Schedules , Overlays,  Rules, and Guidelines.

What State and Local Planning Scheme Zone,  Schedules  Overlays and Rules apply to your Block?

Has the council got any Guidelines on:

    • Neighbourhood Character
    • Heritage
    • Strategic Planning

This information can usually be obtained from the Internet, as there should be links on your Council’s website.

The Block Size

Generally the minimum block size most councils like to see is around 300m2. Planners may be flexible depending on the Building Envelope.

I don’t hold too much trust in Real Estate Agents statements so I would either check the Title Plan (follow the link to see an Explanation of Title Plans) or even get a tape measure out.

Building Envelope

This the actual area within your title boundaries that it is legally, and physically possible, to build on.

This can be affected by a wide range of factors described in this post: Building Envelope

Additionally with many block subdivisions there are shared driveways  which usually becomes a separate  common area rather than being  included in the block areas.

This means that you will probably need the original block to considerably more than 600 m2 to get two acceptable blocks.

Precedent

A similar subdivisions in the area, which establishes a precedent, can improve your chances of an approval. It is therefore well worth having a walk around the area looking at what has already been built.

If you want to see what’s behind the fences I find Google Maps is a useful tool although it can be a year or two out of date. Another website is Nearmap.com, which generally have more up to date maps than Google,  but you will have to pay to view them.

Even though you may decide to use a Surveyor or Planning Consultant to prepare your application, your research will give you a better  understanding of what is likely to be successful.

 

For More information see Subdivision Process

Another useful post is Subdivision Costs

 

Setbacks

When you are buying a block one of the issues that controls what you can put on a block is the Setbacks of the main structure.

Setbacks vary from council to council and can also vary between neighbourhoods in a council area.

To give you an idea here are typical Setbacks:

Street Setbacks

  • From the front title boundary the minimum setback is typically 5.0m, which is enough to park a car on the driveway.
  • In low density suburbs larger front setbacks may be required.
  • For older inner city suburbs the allowable front setback may be much less.(to match existing properties).
  • Side setbacks for corner blocks are generally less than the front setback, with 2.0m being typical.
  • Some councils will also have maximum setbacks,such as 1/3rd the total block length.

The following structures are usually permitted to project into setbacks:

  • Porches, verandahs and pergolas, with a maximum height of 3.6m.
  • Eaves, fascia, gutters, sunblinds, shade sails, and screens.
  • Decks, steps, or landings less than 800mm in height.

Side and Rear Setbacks to Adjoining Properties

Typical setbacks are:

  • Side 2.0m, plus 0.6m for every metre of height over 3.6m.
  • Rear 3.0m, plus 0.6m for every metre of height over 3.6m.

In addition to the encroachments mentioned above encroachments are also usually allowed for;  masonry chimney backs,  flues, pipes, fuel tanks, water tanks, and heating & cooling equipment.

 

Don’t want any setback?….see Building on Boundaries

 

Building Envelope

If you need to fit a large House onto a small block one of the issues you will have to deal with is ‘The Building Envelope”.

What this means is the actual area within your title boundaries that is legally and physically possible to build on.

The building envelope can be affected (reduced) by:

  • The size and positioning of Easements.
  • Required Setbacks from roads.
  • Restrictive Covenants.
  • Setbacks from adjoining blocks.
  • Ability to Build on Boundary.
  • Significant trees.
  • Existing buildings/structures that can’t /  won’t be removed.
  • Neighbourhood amenities.
  • Location of driveway crossovers.
  • Requirement for vehicles to leave the site travelling forward if the block is on a main road.
  • Nature strip assets such as Fire Hydrants.

So when you are looking at buying a block don’t think you can automatically build on all……. or even 75% of the block.

All councils will have different requirements and may even have varying requirements for different neighbourhoods.

It can be worthwhile talking to the council about permissible Building Envelopes, particularly if you want to  build on more than 50% of the block or are on a corner block.

 

See Blocks for more things to think about when buying a block.

 

 

 

Block Orientation

Sponsored by Coral Homes

When looking at block orientation a key issue is using the sun to warm the house in winter and keeping the sun out of the rooms in the summer.

Typical blocks in Australia are rectangular. About twice as long as the block width, as are most home designs. This limits the way you can place the house. In my experience the order of preference of blocks is.

1. Facing East
2. Facing West
3. Facing South
4. Facing North

If you have got a block at an angle it will require a bit more thought unless you can orientate the house in one of the above preferred directions. Larger blocks and square blocks make adjustments to the house orientation easier.

My reasons for the preferences are as follows:

Facing East

This orientation allows one of the long sides to face north making the best use of the sun in a passive solar house. Usually the master bedroom is at the front so even in the summer the low sun morning sun only warms the bedroom from the chill of the night. Windows can be minimised on the west side to stop the house overheating in the afternoon and evening. This orientation also gives you plenty of roof area for the most effective location of solar hot water and solar electricity panels.

Facing West

Again like the east facing block you can have one of the long sides to face north making the best use of the sun in a passive solar house. With a master bedroom at the front you will need to take steps to keep the afternoon sun out of the room to stop overheating. Like the East facing orientation this is useful for solar panels on the roof.

Facing South

With a house facing south the best layout is to have as many rooms as possible having large windows facing north which can be difficult on a narrow block. To make the best of this orientation you may need to have plans drawn up as most standard plans don’t suit this orientation. It’s also best to minimise west facing windows.

Facing North

A north facing house is probably the least desirable on a suburban block as it makes it hard to get the sun into the house. I certainly wouldn’t want big north facing windows allowing passers by to look in.

 

Lots more information in the anewhouse Guide to Buying a Block for only $4

See similar posts see Choosing a Block and Passive Solar

 

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