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I am a tenant in common with my brother , owning a property…

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I am a tenant in...

I am a tenant in common with my brother , owning a property of 160 acres. We both live in separate houses and share responsibility for the farm. Surrounding our farm are 10 acre lots. Recently and without notifying us a law was passed that stops subdivision under 100 acres which means that neither of us can sell our half. I want to move to Tasmania but can not afford to unless I can sell up. A friend said I should enquire about excition law . Can you offer any advice.
Thank you
Jenny

Submitted: 13 years ago.Category: Australia Law

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Answered in 19 minutes by:

12/26/2009

Solicitor: Leon, Solicitor replied 13 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

HI

you wish to subdivide before selling?

Customer reply replied 13 years ago

We need to subdivide in order for me to receive a share as my brother does not wish to sell and can not afford to buy me out. As we are tenants in common it is very unlikely that any one would want to purchase a share in the farm as they would then be in the same situation as I am. The farm as a whole was valued at $1.8 million in 2005.

Solicitor: Leon, Solicitor replied 13 years ago

Hi

the total land is 160 acres.

It is not relevant that you own it as tenants in common. This does not change the fact that the land is 160acres and greater than the minimum 100 acres required for a subdivision.

If you both agree you can subdivide the land into smaller lots and then sell them. Any subdivided lots would be placed into both your names as tenants in common. When you subdivide you need to try and convince the lands office in Tasmania to put half of the subdivided properties in your name and the other half in your brothers name.

If he does not agree to subdividing the land then you need to see if he is prepared t purchase your half shared from you.

I hope this is of assistance and if so please click on the accept button

Customer reply replied 13 years ago

We have been told that we can not subdivide as one part would be less than the minimum 100 acres.

Solicitor: Leon, Solicitor replied 13 years ago

Hi

that sounds very strange to me.

Usually they set a limit on how large a block has to be before you can subdivide.

I suggest you speak with the Council that the land is in and ask a town planner what the subdivision rules are for the property.

I hope this is of assistance and if so please click on the accept button

Customer reply replied 13 years ago

That sounds very strange to me does not seem to be much of an answer and I have as I said already contacted the land titles office and spoken at length with a council member so you havent told me anything that I havent already told you I had done. Property in my area can not be subdivided into areas less than 100 acres.

Solicitor: Leon, Solicitor replied 13 years ago

Hi

If you can get me details of the council area and the location I may be able to look it up.

The comment about it sounding strange is a comment not a legal answer.

It is the town planning department you need to speak too in Council.

The lands titles office only registers the subdivisions has nothing to do with zoning and areas for sudivision.

waiting on your information.

Customer reply replied 13 years ago

The answer I received made no sense at all and I do not wish to pay. Also because the link was faulty you took two deposits when I only wished to make one.

Solicitor: Leon, Solicitor replied 13 years ago

HI

I asked you in the other post if you wished your money refunded on the other post. You had not replied.

Can you provide me with the details requested in my previous post.

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