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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I want to subdivide a small portion of my land. It was in

Customer Question

I want to subdivide a small portion of my land. It was in 2002 that five lots were divided. THE council said I was to leave an entrance for firies in emergency and I found no problem with that. The map of my land states the entry way is a lgal entrance for council and to sell part of my land I need to allow 7mtrs for this entry. As far as I know the land is mine . Council has not purchased this entry. I have no argument of the entry but the house block frontage I want to sell, I need to add 7metres equalling, 17 metres instead of the standard house frontage of 10 metres. Can I dispute this? Shirley
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Lithgow
JA: Has anything been filed or reported?
Customer: Yes. My land map has this entry as a entry.legal
JA: Anything else you want the lawyer to know before I connect you?
Customer: Why am I told to sell this portion of my land I need to have the sewer/power/water connected at my expense adding to thousands of dollars. In over 100years, Corney town has never had sewer only the pan and then septic. The subdivider informs me that as I want to sell part of my land the says I have to pay these costs.
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 4 months ago.

Good Morning.

If that was a condition of the subdivision and you did not fight it then you are stuck with it

Are you saying to subdivide the new land they want you to provide services before they will allow the subdivision?

Customer: replied 4 months ago.
I was not aware it was a condition but an allowing on my part to give access through my property
Expert:  Leon replied 4 months ago.

Good Morning.

Do you have a copy of the original subdivision? If they required you leave this amount of land when you originally subdivided it should be on the approval.

Do you also have the subdivision survey, does it show this requirement?