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Posts Tagged ‘principal units’

Can I sell my car park separately from my unit?

June 28th, 2010 Debra Dorrington No comments

Recently I was asked whether a client could transfer a carpark they no longer needed. The carpark was an accessory unit in a unit title development, so the client owned the carpark and they owned an apartment, (which was a principal unit).

Unless there is something registered on the title preventing the transfer, an accessory unit can certainly be bought and sold. There’s a restriction though and it’s pretty significant.

An accesory unit can only be transferred to someone who also has a principal unit, so you can’t sell the carpark (or the broom cupboard) to someone who has no other interest in the apartment building. The LTO won’t issue a separate certificate of title for an accessory unit.

Sometimes car parks are created as principal units and that’s a different story. They can be transferred in the same way an apartment can be bought and sold.

Remember this is a blog, it’s for comment and discussion, not legal advice. See your lawyer for specific advice.
 

 

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