UNPARCELLING LAND
Unparcelling land occurs when underlying land titles start to be consolidated while
the overt titles are subdividing. In other words parallel tenure arises over the same
parcels of land.
It is admitted that this sounds extraordinary but it is easier to understand if it is
considered that for those with large underlying, unsubdivided land deeds, it is not
that difficult for these people to actually retain the underlying deed, while appearing
to subdivide the property.
All that has to be done in order to achieve this situation is for there to be some technical
defect in the registration of the overt title. This creates a situation where the underlying deed
is still unalienated and the overt title is a "clayton's" title, not a title which in any way affects
the nature of the underlying deed.
Another name for this unparcelling land is "reverse subdivision" as the land is being subdivided in such
a way that the subdivision can be unravelled.
Reverse subdivision depends on progressive subdivision, that is it cannot occur if all the titles to the land
are issued at once. Progressive subdivision (where land is subdivided and titles are issued from the parent title, one
title at a time) allows a "balance" title to be kept. Reverse subdivision is more likely to occur when
the title numbers of the balance title and the subdivided parcel are the same number - but different edition.
My personal belief is that most of Tasmania is covered by these "clayton's" registration and that the old
underlying interests in land are still in existence. In other words, there is a situation of parallel tenure in
this state.
