The Boundaries of a Strata Lot

CAN OWNERS AGREE WHERE A STRATA LOT ENDS AND THE COMMON PROPERTY STARTS?

Owners must be able to distinguish between what is a Strata Lot and what is Common Property to accurately understand bylaws and various obligations.

The boundary of a strata lot is determined by its relationship to other Strata Lots or the Common Property as shown on a Strata Plan.

The boundaries of a Strata Lot are not affected by historic use or the general agreement between Owners. It is important, when determining the boundary of a Strata Lot, that the filed Strata Plan is used as the authoritative reference. We have written and articled explaining how to get a copy of the filed Strata Plan.

WHERE IS THE BOUNDARY OF A STRATA LOT WHEN SEPARATION IS BASED ON WALLS, FLOORS AND CEILINGS?

When a Strata Lot is separated from another Strata Lot or the Common Property by a wall, floor or ceiling, the boundary of the Strata Lot is the midpoint of the structural portion of the wall, floor or ceiling.

This means that if there is wall between two Strata Lots, then the boundary of those Strata Lots is the midpoint of the structural wall and there is no common property (except possibly utilities) between the Strata Lots.

If there is a wall between a Strata Lot and the Common Property, for example between the Strata Lot and a hallway, the boundary of the Strata Lot is the midpoint of that structural wall. In this situation, there is Common Property in the wall.

Although it may appear easy to determine the boundary of a strata lot using this definition, it can result in uncertainty. For example, if there is a window in a wall that faces onto Common Property that window could be in a Strata Lot, could be outside of a Strata Lot and therefore be Common Property, or could be partly within a Strata Lot and partly on Common Property.

WHERE IS THE BOUNDARY OF A STRATA LOT WHEN SEPARATION IS NOT BY A WALL, FLOOR OR CEILING?

When a Strata Lot is not separated from another Strata Lot or the Common Property by a wall, floor or ceiling, the boundary of the Strata Lot is determined by the Strata Plan.

This often involves a measurement from the exterior of a building.

Sometimes, the boundary of the Strata Lot is determined by a written notation on the Strata Plan, such as “boundaries of strata lots are to the exterior of the building”.

When there is no structure (ceiling or roof) above a portion of a Strata Lot, for example a “yard”, then the Strata Lot essentially extends upward into the airspace in the same manner that any other property that is owned in fee simple extends upwards.

WHERE IS THE BOUNDARY OF A STRATA LOT IN A BARELAND STRATA?

When a Strata Lot is in a Bare Land Strata, there are no buildings shown on the Strata Plan that can be used as a point of reference to show the boundary by measurement.

The boundary of a Strata Lot in a Bare Land Strata is shown by reference to survey markers.

DETERMINING THE BOUNDARY OF A STRATA LOT CAN BE COMPLICATED AND CONFUSING, BUT IT IS CRITICAL THAT IT DONE CORRECTLY

It is important that Owners can distinguish between what is a Strata Lot and what is Common Property. This must be done by reference to the filed strata plan and cannot be based on historic use or general agreement between owners.