Community Titles

Titling of Community Title Schemes
The titling of community schemes is regulated under the Land Title Act 1994 (Land Titles Act)

Lots in a Scheme are Freehold Lots
The lots in a community scheme are a form of freehold title. The rights and privileges enjoyed by an owner of a lot in a community titles scheme are equivalent to the rights and privileges enjoyed by the owners of other types of freehold land that is not part of a body corporate. Both the lot in a community title scheme and the common property for that scheme have an indefeasible title, which is a guarantee of ownership of the property.

A community titles scheme may only be created over freehold land. It cannot be created over leasehold land (Land Titles Act Section 115 (2)). A broad acre lot, or a lot created by standard format plan that is not in a community titles scheme is not different to a community title standard format lot. What distinguishes the community titles lot is that it is noted as scheme land in a community management statement for a community titles scheme. Consequently the land becomes subject to the rights and obligations of community title lots. For instance one obligation is the obligation to abide by the by-laws.

By definition a community titles scheme must contain at least two different lots (which may be owned by the same person), common property, and a community management statement (Land Titles Act Section 115B(4)). Land not included in the lots but part of the scheme is common property. (Land Titles Act Section 115B(2)(a)).

Easements in Community Titles Schemes
All lots, as well as the common property, in a community titles scheme are subject to statutory easements giving other lots rights to support, maintenance, shelter and also projections, over and in favour of each other. The easement entitles the owner of the benefiting lot to enter the other lot in order to replace and maintain the support. (Land Titles Act Sections 115N, 115Q, 115R & 115S). The easements must be exercised in a way that does not unreasonably interfere with the use and enjoyment of other lots and common property, and should only be exercised through entry onto another lot after appropriate written notice has been given to the owner or occupier (Body Corporate and Community Management Act Section 68).

In addition, lots in a community titles scheme and the body corporate enjoy an easement over the other lots and the common property for supplying utility services. A lot owner may establish and maintain utility infrastructure on the other lots and common property, but in doing so they must not interfere unreasonably with the use and enjoyment of those lots or property (Land Titles Act Sections 115O & 115P). The body corporate has a right over a lot to access that lot in order to install and maintain all types of pipes, cabling, data networks so that services can be provided to you and your neighbours.