The Victorian Civil and Administrative Tribunal has published a decision which provides some further clarity as to how a Plan of Subdivision is interpreted to determine the boundaries between the common property and the lots. The decision illustrates the difficulties faced by owners corporations and their members in determining liability for unreasonable flows of water into a lot. Continue reading
Lot boundaries
Correcting errors on the plan of subdivision to change the boundary between two private lots
ASA Nominees Pty Ltd v Owners Corporation PS 513436B and Adamopoulos [2016] VSC 562 arose from a surveyors error which occurred when lots in the plan of subdivision were re-subdivided. An amended plan was registered which showed the boundary between two lots as located 3 metres to the west of the wall that was intended to form the boundary. Continue reading
Encroachment onto common property
In Owners Corporation SP023744S v Scarlett [2015] VCAT 99 the Tribunal refused to grant an injunction to stop a lot owner building a second floor that would encroach into the common property. Continue reading
Where precisely are the lot boundaries?
Boundaries of lots are ascertained by looking at the Plan of Subdivision. Unfortunately, the precise location of boundaries is not always clear to the untrained eye. Continue reading
