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The Forum > General Discussion > Is This A Silly Idea ?

Is This A Silly Idea ?

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Just guessing , how about setting up a 100 acre farm with 1 house. 19 other houses are farm improvements , rural accomodation. Roads and power-line rules may be more economic.
Posted by nicknamenick, Monday, 9 January 2017 8:35:19 PM
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Unlikely to get away with that Nick. I had to bridge between my home, & my grany flat for my mother, when we built it, as I was not allowed 2 buildings with kitchens on any one title. That is on 20 acres. Would you believe I now have a carport over a grey water pump out tank, to meet these requirements.

I am actually surprised someone hasn't shot a few of the deliberately unhelpful council bureaucrats I had to deal with.

Most of these utopian communities just don't work. My mate Andy Martin tried for 3 decades to get one going on Middle Percy Island, off Mackay. He provided everything, but each attempt fell apart after a while. Google it for a sorrowful tail.

A lot of people have been happy living permanently in our version of US trailer parks. Unfortunately with the better sighted parks, the land value ultimately exceeds the earning capacity of a caravan park, & they are sold off. Still perhaps that's your answer. Build a caravan park for permanents, with the common garden/farm area, if you can get council approval for one. Without the common title, aspect, it should be easier.
Posted by Hasbeen, Tuesday, 10 January 2017 12:11:40 PM
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NSW "To be allowed to build a granny flat as complying development it must be:

Established in conjunction with another dwelling (the principal dwelling),
On the same lot of land as the principal dwelling (and not an individual lot in a strata plan or community title scheme), and
May be within, attached to, or separate from the principal dwelling."
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Community title schemes may be the animal. Probably regulated to death.
Marijuana hippies near Glen Innes NSW had shacks among the weed, police came by helicopter without search warrant and got fined $1 mill. compo for assault although of course the grass merchants weren't motivated by wealth.
Posted by nicknamenick, Tuesday, 10 January 2017 2:04:10 PM
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Hasbeen, I do not understand what you mean by a "common title" my guess is all caravan sites and Manufactured Home Estates have a single title/owner and they presumably work ok ?. I guess it's possible for the residents to set up a management company with shared equity and a single title ?. Sorry the legal stuff is new to me, are there any other options ?. I doubt that subdivisions would be allowed but I'm not sure about strata titles ?

Thanks
Posted by Paul C, Tuesday, 10 January 2017 10:21:23 PM
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Would that be tenants in common?
"An asset owned by more than one person can be owned jointly (where it is real estate, this is referred to as a "joint tenancy") or in defined shares (in real estate, called a "tenancy in common").

A joint tenancy results in the law of survivorship applying as discussed above.

A tenancy in common has a different result. Tenants in common have defined shares and interests in the assets. In real estate, one tenant may have 30% of the land and the other tenant 70% of the land. The percentages are described on the Certificate of Title. If no percentage appears in that document, then the land is held as joint tenants.

Tenants in common are free to dispose of their share of the land as they see fit under their Will. The surviving tenant in common has no say over that, and will not automatically get that land under the law of survivorship if the other tenant in common dies.

A joint tenancy can be severed into a tenancy in common if the parties wish. "
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At death of a tenant in common the court can physically sub-divide the block by the shares owned. Maybe the Contract can specify that the land inherited must remain part of the community , don't know, and please send no cheques for this advice. Share-selling is not sub-division selling:

"A tenant in common is also free to sell his share or transfer it at will. An exception to this rule is that the co-tenant’s rights may be restricted by a separate agreement made by the co-tenants. Some agreements give the other co-tenants the right to buy out the co-tenant’s share before he or she sells it to someone else. Other agreements may include a clause that allows the other co-tenants to refuse a sale or to assess a buyer to ensure that they do not wind up owning property with someone of whom they do not approve."
Posted by nicknamenick, Wednesday, 11 January 2017 3:56:06 PM
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NSW doesn't have this but there are similar court services. You may need a department office on site:
"Disputes can arise in many areas of life, whether it’s a disagreement with a neighbour over trees or fences; disputes between members of a club; workplace disagreements; or noise from animals, machinery or cars.

The Dispute Settlement Centre of Victoria (DSCV) is a free dispute resolution service funded by the Victorian Government. DSCV provides mediation services, as well as training and accrediting mediators to national standards.

DSCV can help you resolve common neighbourhood disputes involving fences, trees, animals, noise and drainage; disputes about difficult or anti-social behaviour; workplace disputes; and disputes within committees, clubs or Incorporated Associations."
Posted by nicknamenick, Wednesday, 11 January 2017 5:38:05 PM
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