Question: The other duplex owner has installed solar panels that encroach on my roof without asking permission. Can I ask that these panels be moved?
I am a lot owner in a community title duplex in SE QLD. We share a connecting wall. The other lot upgraded their solar panels on their roof, but the new system has encroached over my roof by 1 meter. They did not ask any permission from me or even advised me that they were going to have the work done. The work would have cost approximately $4000.
If the roof over both lots is common property, what are my rights to ask the other lot owners to vary the solar panel arrangement so it doesn’t come onto my lot roof area?
Answer: Are you wanting to use that roof space for your own system? Because if you’re not, why have that fight?
In this situation, if it’s common property, there can be no encroachment, because it’s common property. Whereas, if the encroachment idea is well, it’s my roof, and I should be able to use the whole space, that’s a different concept. And that’s about ‘Well, I want to put a system up and you’re using more than your fair share’. That’s a different question.
Taking up all the common property or taking up a large area of property without approval is what’s called ‘ouster’, which is an old legal doctrine that’s been around for like 1000 years in common law, it’s unlawful to do it.
At the end of the day, the fundamental question is, ‘Is it causing that lot owner a problem? Are they wanting to put up a system using that space?’ If it’s not, I can put on my I’m now a competitor to Stratum Legal hat and say, ‘Oh, that’s terrible. Let’s go and sue them and you know, give me $20,000 and I’ll beat them up for your in court’, Then I’ll put on my Stratum Legal hat and say, ‘Are you wanting to use that roof space for your own system? Because if you’re not, why have that fight?’.
This post appears in Strata News #494.
Michael Kleinschmidt
Bugden Allen
E: michael.kleinschmidt@bagl.com.au
P: 07 5406 1280
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