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[bigbear]

Howdy,

We live in a two unit strata block  and  have an Exclusive Use Right to a small piece of Common Property for the purposes of Carparking. The Exclusive Use right was set up in the 1990’s and since then the carspot (which was pebbles and dirt) was converted by the previous owner of Lot 1 and the current unit owner of Lot 2 into a courtyard with paved area and a gate that makes parking impossible. The Lot 2 owner is saying to us that the courtyard is no longer ours under an Exclusive Use right as we don’t and cannot park there. The upstairs owner is emphatic that the courtyard reverts to ‘Common Property’ if it is not being parked on.

Does anyone have experience dealing with claims like this?

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[scotlandx]

What does the exclusive use by-law say, can you post the text of it?

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[bigbear]

@scotlandx said:
What does the exclusive use by-law say, can you post the text of it?  

Hi Scotlandx, 

it says:

‘Lot 1 shall be entitled to exclusive use and enjoyment of the common property referred to as the ‘parking space’ subject to the following terms:

1. It shall be used for parking a car, boat, trailer or motorbike 

2. The proprietor is responsible for the maintenance and upkeep’

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[scotlandx]

Well then the by-law seems to give you an exclusive use right to the common property, provided the area is used for parking. It currently isn’t being used for parking and can’t be used for parking, so on the face of the by-law you don’t have a right of exclusive use. 

What is unclear is how the area came to be converted to a courtyard, and what was agreed by the lot owners at that time. You say that it was converted and the gate installed by the Lot 2 owner and the previous owner of your lot – what was agreed by the two of them when that occurred? Are there any records? What was represented to you by the owner of the property when you bought it?

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