Property Subdivision and Partition
Dividing Land and Ownership
We provide clear, strategic legal advice to help you divide land and change ownership in the most cost-effective way
Subdivision divides the land. Partition divides the ownership.
What is Subdivision?
Subdivision divides the land into separate lots and titles.
For example: Mary and John jointly own Lot A. They subdivide Lot A into Lot B and Lot C. After subdivision, Mary and John jointly own both Lot B and Lot C.
A subdivision creates separate titles, but it does not allocate those titles to individual owners.
What is Partition?
Partition divides the ownership between co-owners after subdivision. A Deed of Partition can allocate individual lots to each owner.
For example: Lot B & C is owned jointly by Mary and John and Partition allocates lot B to Mary, so she becomes the sole owner of lot B, and allocates lot C to John so he becomes the sole owner of lot C.
Partition is the next step that can be used to transfer Lot B to Mary and Lot C to John so that each becomes the sole owner of their respective lot.
Revenue NSW will charge Stamp Duty on the Partition transfer.
Planning a Duplex?
You may need to subdivide and partition.
Let us help you to plan ahead to minimise your stamp duty.
Consult with us before starting
Planning a Duplex?
Subdivision and Partition Steps
Divide your land then Restructure your Ownership
1
Assess
We assess what you want to do and advise on financing, and the legal and stamp duty implications so you don't make costly mistakes
2
Plan
We compare options to structure the project with joint venture deeds, co-ownership deeds or development agreements so all parties' obligations are clear to avoid disputes
3
Subdivide
Your surveyor divides the land and registers the subdivision
4
Divide
We complete the process of by drafting a Deed of Partition, obtaining independent valuations, processing stamp duty and registering each new title with each separate owner.
Developing your land?
Why Choose Can Do Conveyancing?
To avoid the common pitfalls of Subdivision and Partition
Clear Insights
Simple explanations and actionable advice
Personalised Service
We listen to you and answer your questions
Conveyancers and Solicitors
Expertise and experience
Can Do Attitude!
Accountability because we care
Could not recommend a better team to help me with my complex scenario
Could not recommend a better team to help me with my enquiry and complex scenario. Tanya helped me every single step of the way allowing me to understand the legal process and requirements! Sailay is an absolute gem of an individual! Sailay’s professionalism and attention to detail made my experience a breeze!
If you want a good night’s rest knowing your case is taken care of, ask for Sailay and Tanya!
Planning a Duplex?
Thinking of building a duplex on mum and dad's land so each of you can own your own home? Talk to us before you start. The right structure from the beginning can save time, money and headaches.
FAQs
Frequently Asked Questions
Practical advice and expert tips to help you feel confident at every step of your property journey.
What is the difference between partition and subdivision?
Subdivision divides the land into new lots and titles. It’s usually done by a surveyor and requires council approval. Partition divides ownership of the land. Partition converts shared ownership into separate ownership, providing each owner with their own title and a clear path to sell, refinance or retain their property independently.
Do we need council approval for Partition?
You generally need Council approval to subdivide land into separate lots. Once separate titles exist, Partition can divide ownership between the owners without requiring Council approval.
Is stamp duty payable on a partition?
Stamp Duty is due on all Deeds of Partition.
We can minimise your stamp duty.
Ask us before you start your subdivision.
How long does a partition take?
A Deed of Partition can take anywhere from a few days to several weeks, depending on the complexity of the matter and if there is agreement between the parties.
Once the Deed is finalised and signed, the transfer and registration process through PEXA and NSW Land Registry Services is typically completed within a few days.
