› Flat Chat Strata Forum › Common Property › Trespassing on private property due to bad Strata Titling › Current Page
Be sure of the common property boundaries. Have you: (1) had a surveyor look at the original plans; and (2) visit your site to clarify boundaries; and (3) make a written assessment of the situation?
If the original surveyor is still around perhaps they might be the best person to contact.
See here for another avenue that you could pursue to properly determine the boundary: https://rgdirections.lpi.nsw.gov.au/deposited_plans/boundary_definition/boundary_determination
The other important issue is: When (and how) was Lot 2’s balcony enclosed?
Did Lot 2 obtain approval to enclose their “covered balcony” which has denied themselves access and created this problem?
Enclosing a balcony usually involves both approval from the local council and the approval of the strata scheme. Are you able to check with council? or the Minutes of previous AGMs? Was the enclosure completed by licensed builders?
If Lot 2 have done something that has created their own problems then you should not have to suffer trespass or make good their mistakes.
You may need to clarify these issues. The more information that you can obtain that will help your case the stronger your argument will be.
If you are correct in your assessment of your Lot boundaries (and Lot 2 is not) then NCAT is the place to go. It is best to sort this matter out once and for all.