How to Identify if a Block Was Subdivided Legally - South Australia

Hi all,

We recently purchased a house located within the Burnside Council area. The property sits on a block that is smaller than what is typical for this area—most older homes here are on blocks of 750m² or more, whereas ours is under 550m².

Out of curiosity, I reviewed historical satellite imagery and found that, prior to around 2010–2012, our block was similar in size to those around it. However, during that period, it appears the boundary lines were changed. The rear sections of both our block and our neighbour's were combined to form a new block that faces the adjacent street on the neighbour’s side.

Interestingly, this new block has remained vacant ever since—more than a decade—despite land prices in the area exceeding $2,000 per square metre. This raises some concerns and leads me to suspect that the subdivision may not have been done legally.

To be clear, I’m fine if the subdivision was done properly through legal channels. But if it wasn’t, there could be grounds to reclaim the 250–300m² of land that was separated during that time.

It’s likely the neighbour is aware of what happened, but I’m unable to approach them directly, as their property was also part of the subdivision.

What is the best (and cheapest) way to verify the legal boundaries of my property and determine whether the subdivision conducted around 2010–2012 was legally approved? (Is there a way to look up old subdivision plans?)

Thanks in advance.

Update:
Thanks to @pyr0 I found the boundaries and title information via https://sappa.plan.sa.gov.au/

Comments

  • +2

    Hire a surveyor?

    • -7

      Thanks, a surveyor would help but cost more.
      First, I am looking for a cheaper option to get a rough idea of whether the subdivision was legal. A surveyor could come in handy if we see any issues (boundary length etc) in the plan.

      • Land titles office will have a plan of your property with dimensions. They aren't hard to read if you did tech drawing at school or a trade that uses drawings.

        There should have been a site plan and the sewage/drainage diagram in your purchase contract.

  • +7

    Surely this was all listed in your contract of sale for what you had purchased?

    Does your council or state have a land application site? VIC has https://www.land.vic.gov.au/property-and-parcel-search for example

  • Interesting - can you PM me the address?

    The City of Burnside only makes development applications available on their website from January 2013 onwards but I can see what I can dig up for you.

    https://www.burnside.sa.gov.au/Planning-Business/Development…

    Side note: I can't believe how small (population and area) the City of Burnside is. I have no idea how they can sustainably run a council.

    • +1

      Burnside has about 40,000+. You should have a look at the council of Walkerville where the area is less than 5 square kms and the population is below 10,000.
      It is true that too many councils in the Adelaide metro area, which eventually adds overhead as each council has its bureaucracy, including high-paid CEOs and admin staff.
      It is the main reason for very high council rates.

      • It is the main reason for very high council rates.

        Rates don't drop when neighbouring councils amalgamate. And they don't drop just because the area has a larger population. The largesse of the Council Members and bureaucracy just grows.

      • Yeah that's wild. The suburb I'm in has about 25 000 people and it's 35km north of Brisbane. 522 000 estimate people in the Council area.

  • +2

    If I'm not mistaken, the LTO holds the dimensions of your land on file and should have been provided when you purchased the property as part of the Form 1. Otherwise, a title search is reasonably cheap and will determine whether your land holding is 500m2 or more

  • +1

    Check PlanSA’s SAPPA. Might have the clarification you’re after

    • Thanks, this helped a lot.
      With https://sappa.plan.sa.gov.au/ I can see the boundaries of the properties and the separate titles assigned to each block (including my block and the block in question)

  • +2

    I think your previous conveyance didn't do a good job.

  • Fingers crossed for you 🤞🏿

    If it turns out they didn't subdivide correctly and you do get to claim an additional 300m2 that will make for quite a story on A Current Affair. Surveyors will get a surge of work requests with every Tom, Dick and Rajesh trying their luck to find some missing free land to tack onto their properties.

  • -2

    Sounds to me like 2 properties (inc yours) were using someone else's land (the vacant land on the other street face) up until the change in those aerial images you saw. I think the other parties undeveloped land was being used by yours and the other property, and that has now been amended.Maybe they were a deceased estate block, or vacant land unpaid rates or something.Your state lands dept is the answer. Obviously.

    • did you consult your crystal ball lol

      • No, I consulted Khan.

        • ok Karen

  • +1

    Landgate $40 well spent.

  • Why can’t you ask the neighbour again? Are you planning to claim all the land and not share it?

    • A new block was created using part of my block and part of my neighbor's block. If this wasn't done through proper legal avenues, I can get my share of the new block, and the neighbor can have their share (as it was before 2010).

      • Which doesn't explain why you can't have an adult conversation with the neighbour.

        • +1

          the neighbour may be the one who has annexed 300m of focus123's land. have seen it happen before, family owns 2 or 3 properties on adjacent streets and small grabs are made as renovations or ownership changes, or the backyards all get joined / used as what makes sense for the family (ie, 2 backyards turned into 1 big veggie garden) that is then hard to figure out where the original boundries are

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