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It appears that the previous owners of our apartment built cupboards on the boundary between our garage space and the next door neighbour’s space and went 10 cm onto the other persons space.
We have and the area surveyed and the cupboards do indeed seem to be 10 cm over the boundary line.
The neighbour is insisting on us removing them and reclaiming his 10 cm.
We are happy to do this but want to know whether he would be able to attach his pushbikes etc to his side of our new cupboards – as they are currently attached to the existing without our permission.
if there is any law/regulation on this, I would be most grateful if someone could point me to it – along with any advice/experience that anyone may have had in this type of matter.
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If the owenr on the other side insists on you keeping your cupboards on your property then you can insist on them taking their bikes down. It’s common law, not strata law – your property, your rules.
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.
Just to note that with parallel parking spaces of the typical 2.4m width, there is requirement to allow an extra 300mm clearance into each adjoining car space to allow for the swing of car doors. It’s not for the whole length of the parking space but it does means you have to be a bit careful where any fixtures or “obstructions” are placed. AS 2890.1 is the standard.
I wonder too, when placing a fixture along a lot boundary, or very close to it, if it can become a bit like a fence or a wall? Sure, the fixture will belong to the owner of the lot in which it’s placed. But my street is full of examples of walls that are wholly on one side of a boundary where the non-owners have painted and even attached fixtures to their side of it. It seems to be allowed as long as no damage is done.
I’m maybe other thinking this for a strata car park !!
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