NSW: Q&A Exclusive Use of Common Property
Question: We are selling our apartment. The purchasers have advised that our car space is shown as Common Property. What can we do?
We’ve lived in the same Villa for 17 years. We decided to sell a while ago and received an offer last week, which we accepted.
We received an email from our agent about the car space on our property. The purchasers had advised that the car space on our property behind a gate is shown as Common Property.
When we purchased the property 17 years ago, we were told the car space was part of our property. What can we do?
Answer: Are you aware of an exclusive use by-law which might apply to the relevant car space?
Firstly, a copy of the strata plan showing the car space in contention would assist. The second question to ask is whether or not you are aware of an exclusive use by-law which might apply to the relevant car space. If so, while the space is not “part” of your lot, your prospective purchaser will have exclusive use of it.
For the full question and our detailed response, visit the original publication at Look Up Strata.
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.
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