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[madmother]

Hi 

I bought into a 2-lot single tier built strata scheme in WA late last year.  Shortly after moving in, my neighbour suggested that we erect a fence across the garden area between our driveways and then register a bylaw stating that either side of the fence is for the exclusive use of each respective lot.  However, we can’t agree on where the fence should go.  

 

Some info:

– unit entitlement is 1:1

– the total block is 1,046 m² 

– the floor plan indicates that my lot is 92 m² and my neighbour’s lot is 102 m² (ie 10 m² larger)

– lot boundaries are the external surfaces of the buildings.

– there are no exclusive use areas specified on the plan and only the standard bylaws apply. 

– the scheme is on a corner block and the two lots have different street addresses and separate driveways.

– there is a large garden area at the junction of the two streets that we are supposed to jointly maintain.

– the two houses share a roof and only the garages (common property) have a common wall.

 

– there is a existing fence that separates the two back yards (not shown on strata plan) and my neighbour’s back yard is larger than mine

– the front yards are partially enclosed (also not shown on strata plan) and are approximately the same size.

 

 

We would like the new fence to divide the land fairly so that the lots would be close to the ‘correct’ size should we convert to survey-strata at a later stage. 

 

I have suggested that as the total block size is 1,046 m² and our unit entitlement is 1:1, that each owner should get approximately 523 m².

 

My neighbour is adamant that because her house is larger that she should get 528 m² and I should get 518 m².  Calculations: 1,046 m² – (92+102 m²) = 852 m² divided by 2 = 426 m² land. Therefore 518 m² (426 m² + 92 m²) for me and 528 m² (426 m² + 102 m²) for her.

 

So my question is…

Do I own the land beneath my foundations or is that ground common property? 

 

I do realise that the final survey-strata boundary line would be determined by mutual consent and not unit entitlement, but I wouldn’t want to give away precious square metres if I don’t really have to.

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