CTS-10 Amendments of Scheme Plans not effecting subdivisions

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Version 1 10/08/2021

1  Amendment of a scheme plan not effecting subdivision

This guide deals with an amendment of the scheme plan that do not effect subdivision. These amendments include:

  • Compulsory acquisitions
  • Crown land amalgamations
  • Adverse possession

2  Compulsory acquisitions

Compulsorily acquisitions require the acquiring authority make an application for registration of the amendment of community titles schemes to give effect to the acquisition and any consequential adjustment of the community scheme to which the tier parcel belongs.

Land may be taken from a community titles scheme by:

  • Acquisition by the Commonwealth of Australia
  • Conveyance and Acquisition Order under the Land Administration Act 1997 (LAA)
  • Taking Order under the LAA

See ACQ-01 Acquisitions and TAK-01 Taking Orders - Overview for more information.

Where land is compulsorily acquired from a scheme, the following requirements apply:

  • a replacement location plan showing the scheme after the land has been acquired if the land being taken is common property in a building scheme,
  • a replacement floor plan (for a building scheme) or scheme plan (for a land scheme) that shows the lots and common property remaining in the scheme if any of the land being taken involves land within a lot within a community titles scheme;
  • a plan of amendment for any community titles scheme to which a tier 2 or 3 scheme belongs;
  • a deposited plan showing the area of land to be taken together with a new parent lot of the community scheme after the acquisition;
  • a CSD file for any land scheme at each tier affected by a compulsory acquisition;
  • unit entitlement may also vary so surveyors should inform their client that unit entitlement might require reallocation in each affected scheme at each tier.

Example 1:

For example, part of lot 2 on scheme plan 95000 (tier 2 land scheme) is being compulsorily acquired for road widening purposes by Main Roads.

Tier 2 scheme

  • Note that the new floor plan/scheme plan must use the existing lot numbers.

Plan Information

Tenure TypeCommunity titles (land) scheme
Plan TypeScheme plan
Plan PurposeBoundary redefinition
Tier2

Plan Heading:

Lot 2 redefinition and road widening

Survey and Plan Notation

Redefinition of lot 2 after compulsory acquisition for road widening purposes

Former Tenure

New Lot/LandParent planParent lot/landTitle reference
Road wideningSP 9500022500-002

Tier 1 scheme

  • Note that the amended scheme plan for the tier 1 scheme must use the existing tier 2 parcel numbers (in this case 1).

Plan Information

Tenure TypeCommunity titles (land) scheme
Plan TypeScheme plan
Plan PurposeBoundary redefinition
Tier1

Plan Heading:

Tier 2 parcel 1 redefinition

Survey and Plan Notation

Redefinition of tier 2 parcel 1 after compulsory acquisition for road purposes

Former Tenure

New Lot/LandParent planParent lot/landTitle reference
Road wideningSP 900001 

Parent deposited plan

  • Note that a new lot on DP will be required to redefine the amended tier 1 parcel.

Plan Information

Tenure TypeFreehold
Plan TypeDeposited Plan
Plan PurposeAcquisition

Plan Heading:

Lot 120

Survey and Plan Notation

Compulsory acquisition for road widening purposes

Former Tenure

New Lot/LandParent planParent lot/landTitle reference
120DP 40050099 
2.1  Crown land amalgamations

A community corporation may acquire extra land to add to the scheme in the form of common property. Methods by which land may be acquired include the purchase and amalgamation of a:

  • closed public road
  • portion of Crown land
  • closed private road or ROW

The additional land may then become a lot or part of a lot within the scheme.

The following information is for amalgamation of crown land not requiring the approval of the WAPC.

2.1.1 Registration procedures for amalgamation of a closed public road or other Crown land

Closed roads or Crown land may be included into an adjoining land parcel on registration of a Conveyance and Amalgamation Order under section 87 of the LAA. A new deposited plan is required showing the “outcome” of the amalgamation of the Crown land with the adjoining parcel. The area of amalgamated Crown land is shown on this plan within an inset. See CTS-11 Registration of an amendment of a community titles scheme - not effecting subdivision for registration information.

2.2.1  Amalgamation of closed private roads or ways

Amalgamations of closed private roads or ROWs can be achieved in a number of ways, by:

  • closure and amalgamation under LAA sections 52 and 87;
  • an application for closure and inclusion;
  • court order.

The procedures of section 52 of the LAA and regulation 6 of the Land Administration Regulations 1998 are similar to those for public road closures, except that the relevant local government must take all reasonable steps to give notice to the holder of the subject land, and the holders of freehold land abutting the private street or right of way.

Where land is amalgamated into a community scheme, the following requirements apply:

  • a replacement location plan showing the scheme after the land has been amalgamated as common property (building scheme only); or
  • a replacement scheme plan for a land scheme that shows the common property being amalgamated (land scheme only);
  • a plan of amendment for any community titles scheme to which a tier 2 or 3 scheme belongs;
  • a deposited plan showing the area of land being amalgamated (inset lot) together with a new parent lot of the community scheme after the amalgamation;
  • a CSD file for any land scheme at each tier affected by an amalgamation;
  • unit entitlement may also vary so surveyors should inform their client that unit entitlement might require reallocation in each affected scheme at each tier;

Example 2

For example, a contiguous closed road is to be amalgamated into scheme plan 95000 (tier 2 land scheme).

Tier 2 land scheme

  • Note that the amalgamated land comes in as tier 2 common property.

Plan Information

Tenure TypeCommunity titles (land) scheme
Plan TypeScheme plan
Plan PurposeRedefinition of boundaries
Tier2

Plan Heading:

CP 3 common property area

Survey and Plan Notation

Redefinition of SP 100000 after amalgamation of closed road.

Former Tenure

New Lot/LandParent planParent lot/landTitle reference
Road wideningSP 9500022500-002

Tier 1 land scheme

  • Note that the amalgamated land becomes part of the tier 2 parcel, which is allocated a new number.

Plan Information

Tenure TypeCommunity titles (land) scheme
Plan TypeScheme plan
Plan PurposeRedefinition of boundaries
Tier1

Plan Heading:

Tier 1 parcel 4

Survey and Plan Notation

Redefinition of tier 1 parcel 1 after amalgamation of closed road.

Former Tenure

New Lot/LandParent planParent lot/landTitle reference
4SP 990001 

Parent deposited plan

  • Note that a new lot on DP will be required to redefine the amended tier 1 parcel.

Plan Information

Tenure TypeFreehold
Plan TypeDeposited Plan
Plan PurposeCrown Land Amalgamation

Plan Heading:

Lot 501

Survey and Plan Notation

Amalgamation of closed road

3  Adverse possession and community titles

Land under the Transfer of Land Act 1893 (TLA) may be made the subject of an Application for Title by Possession (also known as an Adverse Possession claim) see section 222 of the TLA. Generally speaking the Applicant must be able to show adverse possession of the claimed land for a period of 30 years (refer to Land Titles Registration Policy and Procedure Guide: TYP-04 Bringing Land under the Transfer of Land Act 1893 Section 2).

All Applications for Title by Possession are at the discretion of the Commissioner of Titles. If an application is successful, the applicant will be entitled to become the registered proprietor of the land subject to the Application for Title by Possession.

See POS-01 Adverse Possession for more information.

Any possessory claim involving a community scheme may impact all tiers within the scheme.

Where a community titles scheme is affected by a successful adverse possession claim, the following requirements apply:

  • a replacement location and floor plan showing how the scheme has been affected after the successful claim (building scheme only); or
  • a replacement scheme plan showing how the scheme has been affected after the successful claim (land scheme only);
  • a replacement plan for any community titles scheme to which a tier 2 or 3 scheme belongs affected by the successful claim;
  • a deposited plan showing the redefinition of the adjoining land together with a new parent lot of the community scheme after the successful claim (if land outside the community scheme is involved);
  • a CSD file for the deposited plan and any land scheme at each tier affected by an amalgamation;
  • unit entitlement may also vary so surveyors should inform their client that unit entitlement might require reallocation in each affected scheme at each tier.

Example 3:

If lot 1 on tier 2 scheme plan 100000 is successful in a possessory claim of contiguous land not part of the scheme, the tier 2 and tier 1scheme plans will need to be amended and a new deposited plan redefining the tier 1 tier parcel will also be required.

Tier 2 land scheme

  • Note that the amended scheme plan for the tier 1 scheme must use the existing tier 2 lot numbers (in this case 1).

Plan Information

Tenure TypeCommunity titles (land) scheme
Plan TypeScheme plan
Plan PurposeRedefinition of boundaries
Tier2

Plan Heading:

Redefinition of lot 1

Survey and Plan Notation

Redefinition of lot 1 after adverse possession claim.

Tier 1 land scheme

  • Note that the amended scheme plan for the tier 1 scheme must use the existing tier 2 parcel number (in this case 1).

Plan Information

Tenure TypeCommunity titles (land) scheme
Plan TypeScheme plan
Plan PurposeRedefinition of boundaries
Tier1

Plan Heading:

Redefinition of tier 2 parcel 1

Survey and Plan Notation

Redefinition of tier 2 parcel 1 after adverse possession claim.

Parent deposited plan

  • Note that a new lot on DP (in this case 501) will be required to redefine the amended tier 1 parcel.

Plan Information

Tenure TypeFreehold
Plan TypeDeposited Plan
Plan PurposeCrown Land Amalgamation

Plan Heading:

Lot 501

Survey and Plan Notation

Redefinition of tier 1 parcel 1 of SP 99000 after adverse possession claim.

Example 4:

For a possessory claim against a lot owner in a community titles scheme, for example, part of lot 2 on scheme plan 95000 (tier 2 land scheme) being reduced as a result of a successful possessory claim to the owners of the adjoining freehold land, the following requirements apply:

Tier 2 scheme

Plan Information

Tenure TypeCommunity titles (land) scheme
Plan TypeScheme plan
Plan PurposeRedefinition of boundaries
Tier2

Plan Heading:

Lot 2 redefinition

Survey and Plan Notation

Redefinition of lot 2 after land taken by adverse possession

There is no need for a Former Tenure Table.

Tier 1 scheme

  • Note that the amended scheme plan for the tier 1 scheme must use the existing tier 2 parcel number (in this case 1).

Plan Information

Tenure TypeCommunity titles (land) scheme
Plan TypeScheme plan
Plan PurposeBoundary redefinition
Tier1

Plan Heading:

Tier 2 parcel 1 redefinition

Survey and Plan Notation

Redefinition of tier 2 parcel 1 after adverse possession claim

There is no need for a Former Tenure Table.

Parent deposited plan

  • Note that a new lot on DP will be required to redefine the amended tier 1 parcel.

Plan Information

Tenure TypeFreehold
Plan TypeDposited plan
Plan PurposeRedefinition

Plan Heading:

Lot 200 and 201

Survey and Plan Notation

Redefinition of tier 1 parcel 1 of SP 90000 after adverse possession claim

Former Tenure

New Lot/LandParent planParent lot/landTitle reference
120DP 40050099 

Example 5:

In the case of a successful claim between lots (in the below case lot 2 successfully claiming from lot 2) within the same community titles scheme, the following requirements apply:

Tier 2 land scheme

Existing SP 100000 Amended SP 100000

  • Note that the amended scheme plan for the tier 1 scheme must use the existing tier 2 lot numbers (in this case 1 and 2).

Plan Information

Tenure TypeCommunity titles (land) scheme
Plan TypeScheme plan
Plan PurposeRedefinition of boundaries
Tier2

Plan Heading:

Redefinition of lots 1 and 2

Survey and Plan Notation

Redefinition of lots 1 and 2 after adverse possession claim.

In this case, there is no need to amend any other scheme plan or deposited plan.

This page was last updated on: 10 Aug 2021