01
Ownership is three-dimensional
A strata title can define ownership by reference to floors, walls, ceilings and other structural divisions rather than a conventional surveyed block of ground. An upstairs apartment can therefore be a separately owned unit even though it has no private patch of earth beneath it.
In South Australia, a strata plan divides land into units and common property. Unless a plan provides otherwise, contemporary strata unit boundaries are generally the internal surfaces of walls, floors and ceilings. Older plans, particularly those deposited before 1 September 1988, may use different boundary rules and require specific advice.
02
Who holds the common property?
For a South Australian strata scheme, the common property is held by the strata corporation in trust for the unit holders. In a community-title scheme, a separate certificate of title for common property is issued in the name of the community corporation. The legal mechanism differs, but common property is managed collectively rather than belonging to one owner for private use.
Common property may include the site, roof, foundations, external walls, shared driveways, stairs, gardens and service infrastructure that does not exclusively serve one unit or lot. The plan and legislation control the answer in each scheme.
03
Community title is not always the same
South Australia distinguishes community schemes from community strata schemes. In a community scheme, lot boundaries are defined by survey measurements and an owner generally maintains and insures buildings on their lot. In a community strata scheme, boundaries are defined by the building and significant structural parts may be common property maintained and insured by the corporation.
A courtyard, car park or garden shown as a unit subsidiary or lot subsidiary may belong with a particular unit. An exclusive-use by-law, by contrast, may grant special use of common property without transferring ownership.
04
How to answer the question for your property
- 01
Obtain the certificate of title, registered strata or community plan, current articles or by-laws and any exclusive-use documents.
- 02
Identify the lot boundary and the feature in question.
- 03
Do not rely only on who has historically used or maintained it.
- 04
A conveyancer, property lawyer or licensed surveyor may be needed where boundaries are unclear.
Sources