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STRATA TITLES ACT 1985 - SECT 4

4 .         Subdivision into lots and common property

        (1)         Land may be subdivided into lots, or lots and common property, by the registration of a strata plan or a survey-strata plan.

        (1a)         A strata plan is a plan that —

            (a)         is described as such in its title or heading; and

            (b)         shows the whole or any part of the land comprised in the plan as being divided into 2 or more lots; and

            (c)         complies with section 5,

                and includes any amendment duly made to that plan.

        (1b)         A survey-strata plan is a plan that —

            (a)         is described as such in its title or heading; and

            (b)         shows the whole or any part of the land comprised in the plan as being divided into 2 or more lots; and

            (c)         complies with section 5A,

                and includes any amendment duly made to that plan.

        (1c)         Except as otherwise allowed by the regulations, a lot can only be created in a survey-strata scheme as a cubic space lot (limited in height and depth) if the balance of the land above and below the lot is common property.

        (2)         Where a strata/survey-strata plan is registered under this Act, the lots comprised in the plan, or any one or more of them, may devolve or be transferred, leased, mortgaged or otherwise dealt with in the same manner and form as land held under the provisions of the Transfer of Land Act 1893 .

        (3)         A strata/survey-strata plan shall, for the purposes of the Transfer of Land Act 1893 , be deemed upon registration under this Act to be embodied in the Register; and notwithstanding the provisions of that Act, a proprietor shall hold his lot and share in the common property subject to —

            (a)         any interests for the time being notified on the registered strata/survey-strata plan; and

            (b)         any amendments to lots or common property shown on that plan.

        (4)         Where a strata/survey-strata plan is registered under this Act, a memorial shall be entered on the certificate of title relating to the parcel and thereupon the Registrar of Titles may create and register a separate certificate of title for each lot together with the share of common property appurtenant to that lot.

        (5)         Easements and restrictions as to use implied or created by this Act, other than an easement created by section 5D, shall take effect without any memorial or notification in the Register in relation to the dominant or servient tenements and without any express indication of those tenements.

        (6)         Subject to this section, any transfer, lease, mortgage or other dealing affecting a lot has the same effect in relation to the lot as a similar dealing affecting a lot on a plan of subdivision lodged pursuant to section 166 of the Transfer of Land Act 1893 has in relation to such a lot.

        [Section 4 amended: No. 58 of 1995 s. 8 and 95; No. 61 of 1996 s. 8; No. 81 of 1996 s. 153(1).]



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