Strata / Query re: use of common property

Hi all, hoping to seek some advice on a query related to a property I'm considering purchasing.

In short, it's the unit at the rear of a two lot subdivision. There is a common driveway, owned 50/50.

By agreement in the past, the portion of the common property driveway area right at the end of the drive has been converted to a garden/extension of the courtyard at the front of the unit I'm considering purchasing.

The other current owner of the adjoining lot (50% owner of the common property) has no issue with it at all, so it's fine for now, but I'm concerned it could become a problem in the future.

I've attached a diagram to hopefully make my explanation a little clearer...

Could anyone provide any advice on this?

Many thanks!

 

For clarity - the front house on the diagram is on a seperate title. The rear two are part of the strata agreement.

The highlighted area is the courtyard/garden described in my post above, which is the area I'm concerned about.

Thanks again!

 

A solicitor is best engaged to advise on legal issues. They will explain your misunderstandings about common property and explore the rights concerning that portion of the title.

 

Thanks Paul.

I'm definitely intending to seek some professuonal advice too.

It's actually pretty clear cut - the common property has by agreement with the current residents been allowed to be used as an extension of the yard for the exclusive use of the owner of that property.

I was just wondering in a general sense, whether people would tend to expect that to be likely to turn into a drama in the future if there was a change of ownership, etc.

I wonder how hard it would be to submit a change to the lots for approval to have it formalised...

 

An exclusive use by-law will give you those protections and passes with the title. IIRC it requires 75% voting to change it.

 

There is a strong reason to think that it might be a drama in the future but as long as you aren't paying extra for the space, I'd treat it as a bonus.

Perhaps offer X if they get a bylaw (or equivalent) and less that X if they do not.

 

This could be the ideal solution. Thanks.

 

Good idea. Thanks again. Much appreciated!