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 Accessory parcel - physical boundary/fence

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TSfemlab
post Nov 13 2018, 01:15 PM, updated 8y ago

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Hi,

May I ask some advise/view on the accessory parcel physical boundary/fences.

My unit is on the lower ground floor with private garden. In the strata title, the area shown is around 200sqft only, but in the real world the area that has been fence-up is about 1000sqft. There no excess from outside (have to climb 1.2m height fence and the jump down to the area).

I have been maintaining the whole area myself for the pass 8 years (by paying cleaner for weekly clean-up) since JMB previously dont want to maintain the area and they claim its part of my accessory parcel.

BUT now, the new elected MC people claim that its part of common property and they want to start clean the area weekly (providing that I let their cleaner climb the fence to enter).

What is my rights on this? Thanks in advance.
TSfemlab
post Nov 13 2018, 03:08 PM

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QUOTE(hanhanhan @ Nov 13 2018, 02:34 PM)
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who fenced up the area initially?

by right your accessory parcel is 200 sqft only and you need not maintain the other 800 sqft as it forms part of the common property.
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Thanks for the reply

Developer fenced it up. Previous JMB refuse to maintained it saying its part of my area and I do have paper record previous JMB refuse to maintain the area on that basis. The strata only issued few years later (around 5-6 years after).

Now new MC try to claim it back. Even so, they still request my permission for the cleaner to climb the fence. So I do wonder how is the matter on the legal aspect. What is the law on physical boundary/fence that developer initially put up, as there is no fence on my 200sqft (fenced only at big area of 1000sqft).

Do i have a case to at least claim back the cost I pay for maintenance of the area for the past?

BTW, is this your personal view as normal public or you have some legal background on the matter?
TSfemlab
post Nov 14 2018, 12:45 PM

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QUOTE(hanhanhan @ Nov 13 2018, 05:46 PM)
1. to claim back for maintenance paid - there are two ways to the argument

- they will say that you have enjoyed the usage of that extra land for those years, so it's only fair that you should have paid the cost of maintaining it.

- you can allege that you did not fence it up yourself, thus incurring extra cost in maintaining part of the common property which does not belong to you. this is the fault of the developer which should not bring detriment to you (although they will still use 'u have access and usage to that land' argument) however it's up to the judge to decide should this matter escalate to court.

2. to solve the matter you should give the MC notice to redo the fence according to the initial boundary - problem solved.

the cost should be borne by the MC. subsequently, it's up to the MC to claim that from the developer in return (as it's the developer's mistake on building the fence at the wrong boundary)

your case looks pretty strong as you keep records on the JMB's refusal.

i do have legal background in the matter.
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Thanks for reply, now at least have some idea and the way forward to further discuss with the MC. Thanks again hanhanhan
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