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Our two lot Strata plan Title is a bit of a dog’s breakfast!
we are an old federation house, we look like a single home from the street, but are divided into two Strata lots, and we self manage.
The front garden is common property, exclusive use to Lot 1.
A small garden outside lot 2’s front door, plus the rear courtyard of Lot 2 are common property with exclusive use of Lot 2.
Both the above are covered by a by law created many years ago.
the rear garden adjoins Lot 2’s courtyard, and is common property. Approximately 10years ago the two lot owners agreed to lot 2installing a fence on this common property rear garden so that Lot 2 could keep a dog secure.
So, Two Questions:
– in the interests of both Lot owners, would it be beneficial – to both – to have each of their “exclusive use” areas incorporated into each Lot? (A real estate agent commented the exclusive use areas could deter otherwise enthusiastic purchasers… not that either Lot is on the market currently.
– Secondly, can the owner of Lot 2 ask that “exclusive use” of the rear garden to be formalised? It is enjoyed, but not covered under existing exclusive use by laws, as the fencing occurred after the bylaws regarding other areas were created.
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