How many names can be listed on a property title for a house or apartment in Australia?
In Australia, there is no strict legal limit on the number of names that can be listed on a property title for a house or apartment. However, practical considerations and state-specific regulations may influence how many names you can list. Here are some key points to consider:
1. Tenancy Types:
When multiple names are listed on a property title, the type of tenancy must be specified. The two main types are:
- Joint Tenancy: All owners have an equal share in the property, and the right of survivorship applies (if one owner dies, their share automatically passes to the surviving owner(s)).
- Tenancy in Common: Owners can have unequal shares, and there is no right of survivorship (if one owner dies, their share goes to their estate).
2. Practical Considerations:
While there is no fixed limit, having a large number of owners can complicate matters such as:
- Decision Making: Reaching consensus on property-related decisions can become more challenging with more owners.
- Financing: Banks and financial institutions may have concerns or additional requirements if there are many co-owners, especially regarding loan applications.
- Title Management: Managing the property title and any associated legal documentation can become more complex.
3. State and Territory Regulations:
Each Australian state and territory may have specific regulations and practices regarding the registration of multiple owners on a property title. It's important to check with the relevant land titles office or a legal professional in the specific state or territory where the property is located.
Recommendations:
- Consult with a Legal Professional: Before adding multiple names to a property title, it's advisable to consult with a property lawyer or conveyancer to understand the implications and ensure compliance with local regulations.
- Consider the Implications: Discuss with all potential co-owners the practical implications of co-owning the property, including decision-making processes and financial responsibilities.
- Check State-Specific Rules: Verify any specific rules or limits in the state or territory where the property is located by contacting the local land titles office.
If you have any further questions or need more detailed advice, feel free to ask!
Law Firm's Insights
Date
9 August 2023Place
QueenslandJudge
MULLINS P,BOND,BODDICE JJAHighlights
The easement in relation to which the Council sought advice concerned a right of way over the Duporth Avenue carpark from the Ocean Street property to the rear of the Duporth Avenue property.
The Council’s letter of 14 September 2020, which was also part of Annexure C to the Evangelista contract, was a letter from the Council approving a development application which included a right of way over the Duporth Avenue carpark.
It is clear from these documents that at the time of contract both Mr Lunn and Ms Smith understood that there was a covenant in favour of the Duporth Avenue proprietor ensuring that any purchaser or transferee would be bound by the terms of the Licence and the other covenants therein contained.
The text below summarizes different clauses from a contract between two parties. The contract is between Evangelista and Sunshine Coast Regional Council. A key clause is Clause 1, which states that Evangelista granted to Duporth Avenue proprietor “together with owners and occupiers for time being of Ocean Street property or any part thereof and/or their respective tenants servants workmen licensees and all persons authorised by it at all times hereafter” right to pass expressed as a “full right and liberty to pass and repass over such area as shall be notified” for purpose of obtaining pedestrian access to Ocean Street via Ocean Street property. Another clause is Clause 2, which states that Evangelista granted to Duporth Avenue proprietor “together with owners and occupiers for time being of Ocean Street property or any part thereof and/or their respective tenants servants workmen licensees and all persons authorised by it at all times hereafter” right to pass expressed as a “full right and liberty to pass and repass over such area as shall be notified” for purpose of obtaining access to Ocean Street via Duporth Avenue carpark by vehicle or on foot. Finally, Annexure C attached letters from Sunshine Coast Regional Council dated 14 September 2020 addressed to Evangelista's solicitors, stating that they have approved a development application for land subject matter of Evangelista contract (including a right-of-way over Duporth Avenue carpark) and attaching two deeds: one from Lunn & Smith Ltd, who were both involved in making the initial agreement between Evangelista and Sunshine Coast Regional Council, dated 28 November 1991, granting an easement allowing access from ocean street onto duporth avenue; and another from council dated 19 May 2014 granting an easement allowing access onto ocean street from duporth avenue onto ocean street itself
Judgment
The text states that the appeal has been dismissed with costs.
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