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Subdivision

At SWS Lawyers, we assist clients and their engaged consultants to draft, prepare and submit plans and associated terms for subdivisions of land and stratum subdivisions.

How we can help

  • Two-lot subdivision
  • Multiple lot subdivision
  • Stratum subdivision

Expertise

Subdivision of land is governed by legislation, regulation, planning schemes and other controls governed by local Councils and other regulatory authorities. Most subdivisions must be approved by the Council, and each has specific requirements for subdivisions, including minimum lot sizes and engineering standards. Special consideration needs to be given access and services to newly created lots in a subdivision.

A subdivision may require terms for easements, rights of way or other restrictions on land to be drafted. Following approval of the subdivision by Council, these dealings would be registered on the title to the land when the plans of subdivision are lodged with the NSW Land Registry Services.

SWS Lawyers works with engaged consultants on the subdivision project (primarily, a planner and a surveyor) to identify and advise on the legal aspects of the proposed development. Our services include:

  • reviewing the property and the relevant planning schemes to determine if a subdivision can be undertaken and, if so, identify the restrictions that apply on such subdivision;
  • drafting the terms of the easements, rights of way or other restrictions for submission to Council. Such drafting ranges from a simple drainage easement, to complicated cross-easements or contributions to maintenance of shared accessways;
  • drafting associated documents such as building management statements; and
  • liaising with Council to have the deposited plan, deposited plan administration sheet and section 88B instrument approved and executed.

Their approach is always professional and delivered at a standard comparable to a capital city law firm. It is the clear strategic direction that has always impressed me about the SWS team.

-Director, Top 10 Australian Accounting Firm

We believe their ability to combine first rate legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions. We use SWS because of their ability, not their post code.

-Robert Radcliffe-Smith, Advent

The combination of rare legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions.

-Paul Valaire, Addcar

SWS has assisted with advice on securing and exercising complex property and commercial contractual rights and assisting with protracted contractual management and implementation. We value legal experts who can offer pragmatic and commercial legal solutions for our complicated matters. SWS Lawyers has consistently met these criteria.

-Leading AU/NZ Logistics Company

The team at SWS Lawyers have already showcased their professionalism, commitment, positive can-do attitude and insight into our needs and have a clear understanding of the disability sector.

-Garry West-Bail, Deaf Sports Australia
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