A Land Division is the division of land into at least two allotments which are held independently of one another or a boundary realignment. A Community Title is also the division of land into at least two lots and includes an area of common property (typically a driveway).
There are two types of Community Titles depending on the nature of the scheme:
- a community scheme
- a community strata scheme
In South Australia development approval must be obtained before land may be divided. This approval is required pursuant to the Planning, Development and Infrastructure Act 2016 and the Real Property Act 1886 and applies whether a boundary between neighbours is shifted, one or more allotments is created, or for large-scale developments of numerous allotments.
A proposal for the division of land is assessed against the provisions of the Planning and Design Code to ensure the orderly and economic supply of land.
In a Torrens Title division the resulting allotments are held independently of one another. There are generally no shared facilities or infrastructure.
In a Community Title division there is an area of common property. Common property relates to those portions of land that do not form part of an allotment and typically includes the service infrastructure and driveways that are shared.