@madmother said:
Because the Colorbond fence is on ground that has been treated as exclusive-use for the past 30 years, but is technically common property according to the strata plan… Does my neighbour own it or is has it effectively become part of the common property?
I’m not familiar with WA strata law (which is still evolving) but I would say the neighbour owns the fence and the Body Corp own the ground on which is sits – so at any time they could insist that the fence be removed.
– If my neighbour wants to take the fence down in future does she need my permission, or is it hers to do with as she pleases?
The fence shouldn’t be there so I don’t see how you can insist it remains.
Basically, you are talking about a land grab where it has suited everyone just to fence off an adjacent area of common property. But from what you say, those fences shouldn’t be there to begin with (and may be in breach of your planning approval).
It sound to me like you have reached a stage in your scheme where it would be worth formalising your informal arrangements , including rules about who can do what with their fences.