did any one know if the house under torrent title, can you knocked down the house and build townhouse on it? or you still need get permission from your neigbour before you can build ?
Torrent title - can you still build townhouse on it?
joannatan on 03/12/2011 - 16:37
Comments
no share wall on the property. it is like villa.
This kind of question, you'd want to get an answer from your lawyer before you built anything :) Being sued and having to potentially demolish your house would not be a bargain :P
FWIW I think that anything that's going to affect your neighbour's property…like attaching your house to their wall! is going to need their permission.
Where is everyone getting that there's a shared wall?
I am a lawyer, but I do not know what jurisdiction is involved (i.e. where the property is located), so with that caveat (excuse the pun), I will assume that most jurisdictions have similar town planning laws and community title legislation to Queensland. It seems to me that this is not a question of Torrens title, but more a question of local authority zoning by-laws and compliance with community titles legislation (e.g building units, group title, strata title etc). If the property is zoned residential (single or duplex dwellings), you just can't put up a block of flats. You would need to apply to the local authority for rezoning. That would most likely involve advertising so not just your neighbours, but all residents in the immediate area have a chance to object to your proposal to rezone.
Building townhouses on a site that previously only contained a house would require planning approval for the change as well as building approval for the construction of the buildings.
You should really get legal advice. It's a tax deduction, after all.
thanks mate, i have decide, this is not gonna work, today i just meet the developer, it seems the cost involve might take my profit.
It's Torrens title and otherwise I don't know, but I would think not as Torrens titles have a shared wall.
If you were to do it, you'd have to ensure the shared wall would free-stand on its own (ie have an Engineer survey the wall) and you'd likely have to dismantle your adjacent walls brick by brick. You obviously can't bulldoze cause you're likely to bring down everything.