In South Australia, we have three types of property Titles. Torrens, Strata and Community. By far the most common is Torrens Title, and it’s this Title that property owners are most familiar with.
Unless you are creating the block of land as part of a land division, generally you don’t get a choice as to what Title the property is. But you can choose what property type you purchase and if it suits with your needs.
Torrens Titles
Generally a stand-alone home will be a Torrens Title, however, some townhouses can also fall under Torrens Title too. When you purchase Torrens Title land, you own all the land and all the improvements on the property. This will occur once your name is registered at the Land Titles Office. Once this happens, the land and structures on it become yours above anyone else.
Torrens Title gets its name from Sir Robert Richard Torrens who invented the system here in South Australia in 1858. His desire was to create a simpler system than the old English land laws. Other countries all over the globe have adopted this system, continuing to regard it as the best.
Strata and Community Titles
For many units, townhouses, and properties that include a common area such as a driveway, a Strata or Community Title is more common. In this arrangement, the Title holder owns the land, but a separate insurance policy may cover the building. One meter may be used to share the water use between residents. All owners are responsible for maintaining the common areas, typically managed by a Body Corporate. ‘By-Laws’ registered on the Title specify terms and conditions regarding permissible actions. Examples include whether you can own a pet, run a business from home, or where you can park your car.
For more information on Strata and Community Titles, check out our other blog here!
How to check what you are buying ..
The best way to check the type of Title you are purchasing is to check the Title Search. A copy will be provided by the Real Estate Agent with the Form 1 documentation.
That’s the basics. There is a bit more involved though. So, if you’re looking to purchase a property and you feel as though you don’t have a great grasp on Torrens, Strata and Community Titles, get in touch with us and we will make it clearer.
The Government of South Australia also has some good information on the history of the Torrens Title here.