Can a person transfer a garden title from strata to a unit? The garden is in front of their unit. Do they pay for the land area? Who do they pay? Do the entitlements change, therefore strata fees and therefore council rates and value of other units for land tax? Who should I direct these questions to? I would appreciate any suggestions. – Judy, NSW
Hello Judy, if this piece of land is still on the strata plan, and is common property, the owner will need to request exclusive use of this area from the owners corporation. An exclusive use-by law will then need to be drawn up and registered with specific terms about maintenance of the area. These are conditions that the owners corporation may want to impose. The owners corporation may request a fee to be paid for this area and the exclusive use. Most important to note, is that the unit entitlements do not change as this is technically still common property. Changing or applying to change unit entitlements is both a lengthy and costly exercise that is not guaranteed. Write to the owners corporation and strata manager requesting exclusive use of this area, and they will be able to provide more information.