Thursday, 3 November 2011

WHAT IS THE DIFFERENCE BETWEEN A ‘GREEN TITLED’ OR TORRENS TITLED LOT AND A STRATA LOT?

WHAT IS THE DIFFERENCE BETWEEN A ‘GREEN TITLED’ OR TORRENS TITLED LOT AND A STRATA LOT? Both different types of lots are created under two different Acts of Parliament. ‘Green titled’ or Torrens Titled lots are created under the Transfer of Land Act 1893, and Strata lots are created under the Strata Titles Act 1985.
In accordance with both Western Australian statute and common law, the essence of strata title and green title (conventional title, or Torrens Title), is that they are both equal in all respects. Strata title is as secure as green title. It can be bought, sold and mortgaged. Both are ‘freehold’ titles meaning they have permanent tenure, unlike leasehold, and an interest in land with unrestricted rights of disposal. The use of the term ‘green title’ is not a legal term but rather a colloquialism.

The main difference for the developer is the government agencies mandatory servicing requirements and conditions for newly created lots.

source: http://www.ppsurvey.com.au

The Strata Titles Act allows for sharing of access to services and maintenance of such services like water, sewerage and electricity. These services can pass through common property and other lots in the scheme.
The Transfer of Land Act does not allow for implied easements.
Property People Surveying can further advise you on the specifics that relates directly to your individual property development needs.