Question: My survey shows my back fence line encroaches on my lot. I’ve reported the matter to the owners corporation, but they state they will not investigate the matter. At an approximate loss of $20,000, is the owners corporation bound to resolve this matter?
I purchased a villa in a strata complex. My sales contract includes a survey of the lot.
On the survey, the distance between my back shed and the fence says the width should be two mts to the fence. When I measure it, the space is only 1700mm.
I raised the discrepancy with the secretary of the owners corporation. The secretary measured their fence and found they had the same problem at their villa.
The secretary says the owners corporation will not investigate the matter further.
I’ve lost approximately four sq mts along my backyard, worth around $20,000.
Is the owners corporation bound to resolve this matter?
Answer: Does the survey corresponds with the boundaries shown on the strata plan. The survey may be incorrect.
The first question we need to ask is whether the survey corresponds with the boundaries shown on the strata plan. The survey may be incorrect.
On the assumption the survey is correct, there appears to be an encroachment on your private property. You can raise this dispute through NSW Office of Fair Trading mediation. If the owners corporation declines to attend or the mediation is unsuccessful, you can pursue your rights through NCAT. In essence, it appears you want the fence relocated to the position shown on the survey.
On a practical level, you may wish to make an agreement with the owners corporation that you equally share the costs of an independent surveyor to make a binding title determination and that, if required by the survey findings, the owners corporation will move the fence to its proper position at its sole cost.
Also, any compensation claims will need to be valued by a qualified valuer. Valuers use many methods to value property.
If the strata plan has been drawn incorrectly, the strata plan may need to be corrected and you will require legal advice on your rights.
This post appears in the August 2023 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440