Sometimes in Flat Chat we find we have solutions that are looking for a problem. Take the issue raised by a Flatchatter about an area of common property which has been quietly joined on to an owner’s garden.
Now this scrap of land hadn’t previously been developed in any real way but the owner who has the adjacent garden has started planting trees and putting up fences.
This is not necessarily a bad thing, but would allowing them to stay there grant them squatters rights or “adverse possession” to give it its proper title.
Adverse possession in NSW means that the “squatter” can claim ownership of the land if they have been in continuous possession of it for 12 years, according to this Fox Staniland lawyers fact sheet.
In Victoria, it’s 15 years, according to this Burke Lawyers fact sheet. In Queensland it’s 30 years, according to SMR lawyers, apart from rarely granted exceptions when it is only 12.
Without Permission
In all cases, the squatter has to be able to prove that they have used the land as if it were their own, continuously for the required period, and that they did so without the owners’ permission.
How does this affect strata? There are many older buildings around where ground floor owners have simply taken over the common property immediately in front of their units, often turning windows into doors for ease of access, with the tacit permission of their neighbours who might want to do the same.
It’s a nice land grab if you can get it. Your home is a more pleasant place to live, the value has shot up massively (see this story) and your rates and levies have not altered a jot (apart from the usual increases). And it cost you nothing because you didn’t get permission.
So what should strata schemes do about this? If your block has someone in it who has grabbed land thinking it was okay to do so, and they have used it continuously for something approaching the statutory period, the strata committee might want to think about establishing legal ownership before the squatter does.
However there are conditions the land-grabber might struggle to meet. For instance, they have to claim the whole “lot”, not just part of it. And, as we said, it has to have happened without the owner’s permission, implied or otherwise.
So the sneaky garden grabbers might struggle to prove their case in court. But what about the long-term resident who’s been using a visitor or other owner’s parking space for years?
Have a look at this story and see how it might be worth them making a claim. And you can comment on the original question HERE.
Elsewhere in the Form
- Am I responsible for fixing the mould in the ceiling below my leaky bathroom? That’s HERE.
- Can the strata scheme fine me for sending angry emails? That’s HERE.
- Does the OC have to reimburse me for rent while common property repairs make my flat uninhabitable? That’s HERE.
- In a two-lot scheme do I need permission to install air-con? That’s HERE.
- Silica dust scare used to prevent me removing carpet. That’s HERE.
- Bully chairman reneges on AGM-approved compo deal. That’s HERE.
- Can strata scheme avoid paying GST on goods and services? That’s HERE.
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› Flat Chat Strata Forum › Current Page
Forum: Squatters rights for land grabbers, fined over angry emails, chair reneges on AGM deal, silica dust scare over carpet.
[See the full post at: Forum: Squatters’ rights for strata land grabbers?]
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
› Flat Chat Strata Forum › Current Page
› Flat Chat Strata Forum › Current Page