WA 3 lot strata: Parking Dispute / Common Land

If anyone can help with below would be much appreciated:

We have just moved into a new propery in Perth. Due to space issues we have been parking outside the garage in the courtyard and not in our garage.

The attached shows our strata plan. Our lot is No.2 (highlighted)
Where we park is marked in yellow also.

I have drawn the outline of the paved courtyard in Red.
Is the paved courtyard all to be considered common land or a common driveway?
or just the area that is not part of a designated lot?
Are we within our rights to park on this area?

 

Calling @Westminster
Different states = different rules
Based on the supplied plan, yes you would appear to be within you lot/PT2
BUT, you should be able to find a plan detailing where the common property is also
Often if it is paved the same as the common area/driveway it is assumed to be part of common property
Maybe a pic of the area would help

 

thanks for the reply, yes it is paved same as the rest of the drive way. it is the entrance to our yard and garage. Does anyone know what rules apply in WA?

 

Thanks @Stoffo

In my opinion, as a developer, not a surveyor, that is quite an unusual set up and I suspect is quite old. More modern strata plans would potentially have wider common property driveway, truncations at corners of blocks (ie next to garages to be able to see when reversing out) and proper areas for reversing to go out in first gear.

Based on the plan I believe that you are perfectly entitled to park where you have indicated as it's within your boundary. Lot 1 could park on the same spot opposite if they wished.

 

Thanks for your comment, FYI Here is the google shot and ive marked the same carparking spot

 

Rather odd, as the building outlines on the original plan aren't even close to matching the google shot
You may just have to do some more research, even down to viewing the original DA and plans at council (take pic's with your phone while there ).

 

Baffled by the image compared to the plan as well.
Is this a mews type development where the driveway entry is through the building?

 

@ArthurRoger - If Part 2 comprises the total area shown in your plan, what are the rights around others traversing into your land?

The photo also shows that Part 1 parks their car in the area behind the dwelling - is this common property or Part 1? Why can't you do similar and park your car opposite (assuming that this is part of your land not common property)?

Is the garden which is shown CP or part of your block?

(pre-edit - just noted @Westminster's comments and concur)

 

the survey plan doesn't look complete - is there another sheet to the plan ?
there is no designation identifying the area over the driveway (or maybe its just a WA thing ?)

it appears your car can fit within your lot but maybe have a surveyor mark your lot boundary to confirm.
Also maybe check there isn't any special by-laws restricting parking

 

Have you asked the Strata Manager?

 

There probably isn't one. Its very rare for a 3 lot in Perth to have one - though this leads to potential issues like this as no one is in charge.

 

@ArthurRoger so lot 1 and 2 have a second storey that joins over the driveway?

I think you're going to need some advice from a surveyor to interpret how it's been built vs the strata plan.

 

WA 3 unit site probably no Strata by laws either. Let them take you to the tribunual ?

 

thanks guys, i overlayed the ground floor strata plan on the GE image to make it clearer.
The plan was all that was available on Landgate. Is it normal for the local council to have more records?

 

What's the actual issue? I suspect the answer is quite simple - check bylaws, and if you aren't breaching any, then play on.

 

I"m guessing lot 1 is whining that they can't reverse out of their garage with your car there? In more recently builds they require 6-6.5m of reversing space in front of a garage which generally would be common property but in you case isn't common property. As long as there is 6-6.5m from his garage door to the edge of your lot then they should be able to reverse. If they drive a long car then it may well be a few goes to get it.

 

the issue is our neighbour doesnt like looking out of there kitchen window (which overlooks the courtyard) and seeing our car. They have said the courtyard is a common area, and we cannot park there. Our plans seem to suggest the exact location which we park, is on our Lot. so i am seeking clarification if we are in the wrong or not. thanks

 

Even simpler than I thought then!

 

Basically you are in the right from the information you have provided to us. You all have to live next door to each other so I would simply show them the strata plan and where your boundary lies and explain that for now you can't park in your garage as you don't have the space.

 

You could suggest they have a tropical beach scene or similar painted on the inside of the kitchen window roller blind and keep it down.