Question
We live in a complex that has 12 duplexes or units. One of the owners of a unit decided to extend his unit by 28 square metres into the common property. Does the body corporate charge him for the extra land he has used? If yes, who does the money belong to?
Answer
The vacant land is for the use of the owners of the 12 units. As such each one owns one twelfth of the land. If the owner of one unit has taken more than one twelfth of the land, then he has to pay for the extra, i.e. the size in excess of one twelfth. The money will be shared equally by the owners of the eleven units. For example, if one twelfth is 20 square metres, then he has to pay for 8 square metres. The price will be the current market value of such land.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 22 No 08
- PDF page
- 12
Appears under Questions and Answers (approximate).