VIC Common Property - Does Unit Owner Have Half Ownership?

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jack slade

Member
25 November 2016
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There are two units on the land where I live. Both units' septic tanks drain onto my part of property. On the title, this is common property. There is no body corporate, no strata title. Our insurance is separate.

Recently we had the sewage connected to both units and now the septic tanks are no longer in use. I want to get the common property removed from title. The owner of the other unit claims that the common property is half his. I pay all rates on this land and maintain it.

Is he correct about half ownership?

Regards
 

Rod

Lawyer
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27 May 2014
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I pay all rates on this land

Unlikely. You pay rates based on what is on your title.

Is he correct about half ownership?

Yes.

I'm not sure what happens when there is common property but no Owners Corporation. Check with Consumer Affairs Vic to find out what to do. Potentially messy and expensive to fix.

Or just negotiate something with the other owner. Making changes to a title is not trivial and not cheap.