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Semi-detached...in simple words
Topic Started: 2 Nov 2016, 10:33 PM (699 Views)
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Hi all, I'm new on the market, and new in Australia (from Belgium).

We just put an offer down on a house and it got accepted. That's very exciting !! There is one thing that bothers us, and we can't seem to find any "true" answer... (we're in Perth by the way)

So, the situation : it's a house, semi-detached, with one common wall. The two "half houses" sit on a block of 1100sqm, and the land is split in two by a fence which is basically where the common wall is.

Now, the question : who own the land ? I mean by that, is the whole terrain the property of both owners of each house ? We know that the land was not surveyed and the fence has been there for te years, by mutual agreement by the previous owners. What stops the neighbor (or us for that matter) to move, or remove that fence ? We do want to survey and "legally" chop the block in two so we each have a true half (though our backyard is somehow twice the size of his).

If the terrain is the property of both, do I have to ask the neighbour every time I want to do something in "our side of the fence" for instance a veggie patch, some chooks, plant a tree, chop one down etc... :huh:

Basically, we don't want to buy something that "looks like it has a backyard" but in fact does not, not really anyway.

Hopefully I am making sense... Can anyone explain the rules around this ? Damn confusing :) :?:

Cheers,
Brice. :bye:
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Hello Brice, welcome to Australia and good luck.

As for your property, you should own your land outright. This is not a strata property or does not seem as though it is. Its pretty much the same as buying a freestanding house in that the fenceline or common wall is the boundary line.

But what is not clear by the sounds of it is the fence position bordering the two properties. You say your yard is much bigger than next doors. You need to see the land survey and know exactly where the boundries are. You may be able to obtain one from a local large plumming supplies that are sometimes available for a small fee. Might be 15 or 30 dollars, I am not exactly sure but its not expensive for what you need to know.

You need to be carefull as the boundary line may be more down the middle but was somehow or for some reason moved at some stage. If your not carefull ,you may lose some of thwt yard that currently looks like yours.

Find out and be certain. You should of probably done that before making an offer.

Anyway, good luck with it all. Let us know how you go with your findings.

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Sydneyite
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2 Nov 2016, 10:33 PM
Hi all, I'm new on the market, and new in Australia (from Belgium).

We just put an offer down on a house and it got accepted. That's very exciting !! There is one thing that bothers us, and we can't seem to find any "true" answer... (we're in Perth by the way)

So, the situation : it's a house, semi-detached, with one common wall. The two "half houses" sit on a block of 1100sqm, and the land is split in two by a fence which is basically where the common wall is.

Now, the question : who own the land ? I mean by that, is the whole terrain the property of both owners of each house ? We know that the land was not surveyed and the fence has been there for te years, by mutual agreement by the previous owners. What stops the neighbor (or us for that matter) to move, or remove that fence ? We do want to survey and "legally" chop the block in two so we each have a true half (though our backyard is somehow twice the size of his).

If the terrain is the property of both, do I have to ask the neighbour every time I want to do something in "our side of the fence" for instance a veggie patch, some chooks, plant a tree, chop one down etc... :huh:

Basically, we don't want to buy something that "looks like it has a backyard" but in fact does not, not really anyway.

Hopefully I am making sense... Can anyone explain the rules around this ? Damn confusing :) :?:

Cheers,
Brice. :bye:
Might have been best to find out about this before making an offer! But anyhooo...

What you need to know is what is the type of title to the land you are buying. Is it freehold? Or Strata?

If freehold, then the block is already "officially" subdivided - ie it is really two block of land, with a house on each joined by the common war on the boundary. That means it's your land and you can do what you want with it, subject to any easements that may or may not be noted on the title.

If strata, then it's a shared ownership structure, but there must be a strata document / agreement that outlines what part of the property is yours, and what is common. Use of common property has to be shared / agreed between all the owners. Use of property noted in the agreement as yours is up to you.

All this should be clear from the contract of sale - suggest you sit down with your solicitor ASAP and ask them these questions and get them to explain how it all works based on the actual contract and property in question.
Edited by Sydneyite, 4 Nov 2016, 02:55 PM.
For Aussie property bears, "denial", is not just a long river in North Africa.....
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newjez
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Boags
2 Nov 2016, 10:33 PM
Hi all, I'm new on the market, and new in Australia (from Belgium).

We just put an offer down on a house and it got accepted. That's very exciting !! There is one thing that bothers us, and we can't seem to find any "true" answer... (we're in Perth by the way)

So, the situation : it's a house, semi-detached, with one common wall. The two "half houses" sit on a block of 1100sqm, and the land is split in two by a fence which is basically where the common wall is.

Now, the question : who own the land ? I mean by that, is the whole terrain the property of both owners of each house ? We know that the land was not surveyed and the fence has been there for te years, by mutual agreement by the previous owners. What stops the neighbor (or us for that matter) to move, or remove that fence ? We do want to survey and "legally" chop the block in two so we each have a true half (though our backyard is somehow twice the size of his).

If the terrain is the property of both, do I have to ask the neighbour every time I want to do something in "our side of the fence" for instance a veggie patch, some chooks, plant a tree, chop one down etc... :huh:

Basically, we don't want to buy something that "looks like it has a backyard" but in fact does not, not really anyway.

Hopefully I am making sense... Can anyone explain the rules around this ? Damn confusing :) :?:

Cheers,
Brice. :bye:
Even if you own the land outright there can be covenants and easements on it. But it's most probably duplex or strata, and there may be restrictions and responsibilities. Plus, Australian property law is different to other countries. Congratulations, looks like you have bought a house whether you want to or not. Speak to your lawyer asap.
Whenever you have an argument with someone, there comes a moment where you must ask yourself, whatever your political persuasion, 'am I the Nazi?'
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