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We have an owner on the ground floor that has enclosed the whole area around their property giving them a much larger garden.
The title only has them owning the front porch area. They were never given permission to enclose the area.
Whilst at first we didn’t mind them having some privacy and security as they are at the front and everyone walks past on their way into the building, they now they refuse to give us a key to the gate and have added bolts.
We need access from time to time for pest, window cleaning etc which is often granted but sometimes we can’t get hold of the tenant.
They have also planted a hedge in the area, which has no drainage, and it’s causing issues with our front wall – damp and movement.
They rent the property and this extra space would add to their rental income but the block gets no payment.
The strata manager doesn’t want to ‘open a can of worms’ by getting a legal opinion, but we know they have had their own legal advice.
We are worried that by doing nothing (and it’s been a long time now) that they’ll just be able to take the land stating that they have looked after it .
What can we do to make it clear that it is not their land, that we need access/keys and we want to take out the plants damaging our wall.
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