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On the DA approved plans for our villa and townhouse complex there are common property open spaces in addition to owner’s courtyards. These are clearly marked, together with the area sizes in square metres. On the Certificate of Title for the common property, the situation is unclear as there are “prolongations” of walls in the places where the DA plans show boundaries between common property and lot property. An owner has enclosed all the spaces adjacent to their villa, including their DA approved courtyard and possibly common property?
As common property is defined by the notion of that property which is not included in a lot, will it be necessary to obtain the Certificate of Title for the lot to resolve who owns which spaces? There are no by-laws granting exclusive use of common property.
Apart from the questions of whether this is a land grab or not and who should be responsible for maintenance, we have the practical issue that the sewer and stormwater connections for the complex are behind this owner’s fence though located on common property in the DA plans.
Begin with a title search? Or do these prolongations of walls mean nothing?
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