Unit Title Act 2010 Flashcards
2021
4a. List the meanings of the following terms provided in Section 5(1) Unit Titles Act 2010 for
(a) Accessory unit
(b) Common property
(c) Future development unit
Accessory unit = a unit that is designed for use with any principal unit and that is shown on a unit plan as an accessory unit.
Common property = all the land and associated fixtures that are part of the unit title development but are not contained in a principal unit, accessory unit, or future development unit.
Future development unit = a unit that is proposed to be developed or subdivided into 1 or more principal units at a later stage of the development, and that is shown on a stage unit plan as a future development unit.
2021
4b. Section 8(1) Unit Titles Act 2010 lists four meanings of redevelopment of a unit title development. What are these four meanings?
SUBDIVISION
ENLARGEMENT
TRANSFER
ERECTION
In this Act, redevelopment means—
(a) the subdivision by sale, transfer, or partition into 2 or more new units of— (½ mark)
(i) a unit or units shown on a deposited unit plan; or (½ mark)
(ii) a unit or units shown on a deposited unit plan and the whole or part of any stratum or strata formerly forming part of the common property shown on the deposited unit plan; or
(b) the enlargement of a unit shown on a deposited unit plan by the inclusion in the unit of any stratum that immediately touches upon that unit and was formerly part of the common property or part of another unit shown on the deposited plan; or (1 mark)
(c) the transfer of a unit or part of a unit into the common property; or (1 mark)
(d) the erection of 1 or more new units on the common property. (1 mark)
2021
4c. Section 32 Unit Titles Act 2010 defines instances where a unit plan for the subdivision of land must not be deposited, whilst Section 32(1) of that Act describes restrictions relating to the record of title in which the land is held. List these four restrictions.
A unit plan for the subdivision of land must not be deposited—
(a) title is limited in any manner
(b) while the land to which it relates is held in more than 1 record of title created under the Land Transfer Act 2017
(c) unless the land to which it relates is the whole of the land in a record of title created under the Land Transfer Act 2017
(d) everyone with an interest in the land has consented to it in writing
2021
4d. Section 60(2) Unit Titles Act 2010 requires the Registrar to record any easements or covenants that affect the base land over which a unit title development is registered. How should these easements or covenants be recorded?
The Registrar must require any easements and covenants referred to in subsection (1) to be recorded (by diagram, words, or otherwise) on the supplementary record sheet, and must not note them on any record of title created under section 43.
2021
4e. Under Section 61(1) Unit Titles Act 2010, who may vary, surrender or assign any easement or vary or revoke any covenant that exist before the deposit of a unit plan?
The body corporate of a standard unit title development or the body corporate of a head unit title development may, after a special resolution to do so, vary, surrender, or assign any easement or vary or revoke any covenant to which section 60 applies.
2021
4f. Section 65 Unit Titles Act 2010 deals with redevelopment that requires amendments to a unit title plan. Section 65(1) of the Act identifies three conditions for when a redevelopment for the adjustment of a boundary between units can be completed by the deposit of an amendment to a unit plan. List the three conditions that apply.
This section applies if a redevelopment consists solely of the adjustment of the boundary between 1 or more units shown on a unit plan but the adjustment does not—
1) affect the common property; or (1 mark)
2) materially affect the use, enjoyment, or ownership interest of any unit the boundary of which is not being adjusted; or (1 mark)
3) change the number of units. (1 mark)
2021
4g. Section 66 Unit Titles Act 2010 lists four requirements for an amendment to a unit plan under Section 65 of that Act. List these four requirements
The amendment to the unit plan required by section 65 must—
(a) define the boundaries of the enlarged or reduced units; and (1 mark)
(b) show any enlarged or reduced unit marked with numbers or letters not already used on the unit plan; and (1 mark)
(c) specify which of the enlarged units and reduced units are principal units and which are accessory units; and (1 mark)
(d) comply with the provisions of rules made under section 49 of the Cadastral Survey Act 2002 (Surveyor-General may make rules about conduct of cadastral surveying). (1 mark)
2019
4a. List the meanings of the following terms provided in Section 5(1) Unit Titles Act 2010 for
(a) Access lot
(b) Accessory unit
(c) Common property
Access lot means a separate allotment that was created or currently exists to provide access between an existing road and -
(a) a unit title development; or
(b) a unit in a unit title development (1 mark)
Accessory unit means a unit that is designed for use with any principal unit (including, without limitation, a garden, garage, car parking space, storage space, swimming pool, laundry, stairway, or passage) and that is shown on a unit plan as an accessory unit. (1 mark)
Common property means -
(a) all the land and associated fixtures that are part of the unit title development but are not contained in a principal unit, accessory unit, or future development unit; and
(b) in the case of a subsidiary unit title development, means that part of the principal unit subdivided to create the subsidiary unit title development that is not contained in a principal unit, accessory unit, or future development unit. (1 mark)
2019
4b. Describe the meaning of the term Principal Unit provided in Section 7(1) Unit Titles Act 2010.
In this Act, principal unit means a unit -
(a) that is designed for use (whether in conjunction with any accessory unit or not) as a place of residence or business or for any other use of any nature, and that is shown on a unit plan as a principal unit; and
(b) that –
(i) contains a building or part of a building or is contained in a building (although the unit may or may not be
bounded by the physical dimensions of the building); or
(ii) is 1 or more car parks.
2019
4c. Describe the four activities detailed in Section 8(1) Unit Titles Act 2010 that separately or together constitute a redevelopment under this Act.
In this Act, redevelopment means -
(a) the subdivision by sale, transfer, or partition into 2 or more new units (whether or not any new unit is on the same level as any other new unit) of -
(i) a unit or units shown on a deposited unit plan; or
(ii) a unit or units shown on a deposited unit plan and the whole or part of any stratum or strata formerly forming
part of the common property shown on the deposited unit plan; or (1 mark)
(b) the enlargement of a unit shown on a deposited unit plan by the inclusion in the unit of any stratum that immediately touches upon that unit and was formerly part of the common property or part of another unit shown on the deposited plan; or (1 mark)
(c) the transfer into the common property of a unit or part of a unit; or (1 mark)
(d) the erection of 1 or more new units on the common property. (1 mark)
2019
4d. Section 32 Unit Titles Act 2010 describes instances where a unit plan for the subdivision of land must not deposit. Section 32(1) of that Act describes restrictions relating to the computer register in which the land is held. List these restrictions.
A unit plan for the subdivision of land must not be deposited —
(a) while the record of title to any land to which it relates is limited in any manner referred to in subpart 4 of Part 4 of the Land Transfer Act 2017, or is a qualified record of title under that Act: (1 mark)
(b) while the land to which it relates is held in more than 1 record of title created under the Land Transfer Act 2017: (1 mark)
(c) unless the land to which it relates is the whole of the land in a record of title created under the Land Transfer Act 2017: (1 mark)
(d) unless the grantor of the lease or licence, if the land is held under a lease or licence, the registered owner of any mortgage, encumbrance, or charge affecting the land or any part of it, and every caveator whose caveat against the land was lodged with the Registrar before deposit of the plan, have consented in writing to its being deposited.
(1 mark)
2019
4e. Section 32(2) Unit Titles Act 2010 lists specific certificates or approvals required for a unit plan to deposit. List the certifications and approvals required.
- TA approval (s223 s224)
- Registered valuer (valuers certificate)
- Approval in accordance with s9 Cadastral Survey Act 2002
A unit plan for the subdivision of land or for the subdivision of a principal unit must not be deposited —
(a) unless a certificate in the prescribed form has been given in writing by an authorised officer of the territorial authority in whose district the land is situated to the effect that—
(i) every building (if any) shown on the plan has been erected, and all other development work has been carried
out, to the extent necessary to enable all the boundaries of every unit and the common property shown on the
plan to be physically measured; and
(ii) every principal unit shown on the plan conforms to the definition of principal unit in section 7: (1 mark)
(b) unless a certificate in the prescribed form has been given in writing by a registered valuer showing the ownership interest or proposed ownership interest assessed under section 38(2) for each of the units on the plan: (1 mark)
(c) until it has been approved in accordance with section 9 of the Cadastral Survey Act 2002 (Functions of chief executive). (1 mark)
2019
4f. Under Section 55(2) Unit Titles Act 2010 what happens to an access lot, or share of an access lot, owned by the registered proprietor of the base land on the deposit of a unit plan?
On the deposit of the unit plan, the access lot, or share of the access lot, owned by the registered owner of the base land becomes part of the common property.
2019
4g. Section 60(1) Unit Titles Act 2010 details the effect the deposit of a unit plan has on any easement or covenant to which the base land is subject. What is the effect of the deposit of a unit plan on any easement or covenant?
The deposit of a unit plan has no effect on any easement or covenant to which the base land is subject or on any easement or covenant that is appurtenant to the base land.
2019
4h. Under Section 60(2) Unit Titles Act 2010, where are existing easements and covenants affecting the base land of a unit title development recorded in the land transfer register?
The Registrar must require any easements and covenants referred to in subsection (1) to be recorded (by diagram, words, or otherwise) on the supplementary record sheet, and must not note them on any record of title created under section 43.
