- This topic has 8 replies, 4 voices, and was last updated 2 years ago by .
Property in NSW pre 1974, courtyards. 40+ years ago a lot owner at end of long path applied to have a bylaw for ‘exclusive use of end of path’ that was in front of lot courtyard. Plus existing courtyard brick wall within lot with gate was removed to make lot courtyard bigger. Gate now goes across path to enter into lot.
Previous owner paid for by-law and removal of brick fence and rebuild of brick column all costs. however the column that latches the gate was moved to in-front of common property boundary fence. Seven or so years ago the gate latched. Now it doesn’t because the column has moved, because of poor rebuild or subsidence of the ground. Since this was done there have been several owners and the current owner of the lot has told the committee that the gate doesn’t latch and it’s moved about 2-3cm and the column is leaning on besser brick fence and leaning over.
Current owner wants to sell, and wants Strata to pay for rectification of the column and leaning fence both inside this courtyard and along common property path leading up to gate. If Strata never paid for this lot courtyd fence removal, column and associated works all those years ago would the current SP be liable now? Column where gate latches is cemented to wall it could be wall that has moved and dragged column with it.
What type of engineer do we need to inspect?
And given works were done by previous owner with the full all due approvals, by-laws and expenses. why would the SP now be responsible? Hinged side of gate is on existing column (never moved) latch part of gate on rebuilt column all within the ‘courtyard’.
- This topic was modified 2 years ago by .
- You must be logged in to reply to this topic.