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[DeadWreckOn]

I own a unit with a very large deck of which part contains a garden retained by a 0.3 metre high cement rendered wall. The wall was built when the units were first constructed. No membrane was ever placed at the base of the wall and it now leaches soil from the base of the wall onto the trafficable area of the deck. I would like to rectify this situation.

Is this wall considered to be common property or part of my unit?

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[Sir Humphrey]

@DeadWreckOn said:
Is this wall considered to be common property or part of my unit?  

The strata/units plan would be definitive. If it is entirely to the inside of your lot/unit boundary, then I’d say it’s yours. 

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[Jimmy-T]

T continue Sir H’s reasoning, this is what the “who’s Responsible” document says:

If they (fences) are shown as a thick line on the strata plan then they are deemed a common wall and the responsibility of the owners corporation.

However, if they are shown as a thin, dotted or no line on the strata plan then they are treated in accordance with the Dividing Fences Act and are treated as follows:

1. Divides two lots. Each owner is responsible 50/50

2. Divides one lot from common property. The owner is responsible 50% & the owners corporation is responsible 50%

3. Divides one lot from the adjoining property. The owners corporation are responsible for 100% of its share

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