Question: My strata plan seems to suggest the roof space is within the upper boundary of my lot. If so, can I use this space as part of my lot?
Is the roof space in a strata property common property? On my strata plan subdivision (under Strata Titles Act 1967) the upper boundary is described as ’10 metres above the relevant lot’. This would be higher than my roof. If the roof space of my lot is part of my property, am I within my rights to use this as part of my lot for storage?
Answer: You must make sure that you read the boundaries description as a whole to obtain the accurate boundaries description.
Boundaries definition of strata plans governed by Strata Titles Act 1967 includes a description of the depth of limitation of private lots, which subsequently identifies the common property.
If you are certain that your roof is situated less than 10 metres above your lot, and that description does not include the measurement from the surface to the ground below, then it seems that the storage is part of your property and you are entitled to use it.
That said, you must make sure that you read the boundaries description as a whole to obtain the accurate boundaries description and not read descriptions in isolation from the whole context.
Rochelle Castro
RC & Co Lawyers
