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Awhile back I posted about learning that I owned the roof on a penthouse. Well it actually turns out I also own the outside walls too. Essentially the previous owner bought the airspace over the apartment and built their own house there. Just learned why everything is so weird.
I didn’t know this because the plan of subdivision was in standard format instead of building format. I thought the airspace lines were walls.
So, I have to somehow get lifts and such to the 6th story to do maintenance on my own time. Much different than what I thought I was getting into.
Currently have unconditional contract signed with 10% deposit.
Admittedly I was worried I might own the external walls when I learned about the roof. Though I thought I was just being paranoid.
So, where would I go to learn to do all of this? I… am a bit defeated to tell the truth. I already have to replace all the gutters on the roof.
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So do you own this, or have you only put a deposit on at this stage? If you want to get out of the contract, can your solicitor help you on the basis that the true nature of the property was not properly disclosed? I’m wondering if Council is aware that this structure was built in that airspace. If the structure required Council approval and doesn’t have it, I’d have thought that might be grounds for getting out of your contract and getting your deposit back. Also, the penthouse has been built on top of a strata building, is that right? That would have changed the original roof, which is common property. So where is the by-law giving approval for that? If your solicitor is not skilled enough for this fight, I suggest you engage someone with more experience. There is a notion of “buyer beware” but there is also a responsibility on the vendor not to hide important information.
I’m not a lawyer but it strikes me that the vendor has been less than open and honest about significant factors that, had you been aware of them, would have made you decide not to buy the apartment – at least at the price you offered. Speak to someone who IS a lawyer and find out what your chances of success would be if you pulled out and asked for your deposit back.
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