Evening up common property split

If that’s what’s on the strata plan, then that’s what you get.

This is going to require all your diplomatic skills but the most effective way to fix this would be to tell your neighbour you think it’s unfair and ask them what they want to do about it, offering them the option to either remove the fence completely or move it.

You might even suggest that you would be amenable to passing by-laws that clarified that each area of common property would effectively become lot property, which would make either unit much easier to sell in the future.

In short, if they were to advertise their duplex as having a yard attached, that would be misleading to potential purchasers.  If they agree to shifting the fence and having exclusive use by-laws drawn up, then the claim of ownership would be legitimate.

At the same time, ask them if there’s anything about the division of the costs and responsibilities of the scheme that they are unhappy about and that you can help with.

Ultimately, there’s the easy way or the hard way argument: reach a reasonable compromise, or fight it through the tribunal, then have to move or remove the fence anyway, and pay their costs and yours.

But that is the nuclear option and, as I said, diplomacy will be the key.

Don’t go in too hard too early – you have to live with these people, after all. Ask to have a sit-down about the block and raise the issue of the dividing fence.  The next step will depend on their personalities as much as it does the letter of the law.

This is all based on the premise that no exclusive use by-laws have been created in the past.  If there have, you are pretty much stuck with it.