Hi,
I have a brick unit in Mt Eden which is the end one of four. It has 1/4 share of 1585 square meters, most of that land is at my units end and I maintain all this area despite legally only being responsible for a 1/4 share.
I'd like to add a small deck - detached from the side of the unit by a few inches, then put a privacy screen eg trellis on two sides of this deck. It is not possible to get the written permission of the 3 other owners as one owner lives in China and has never responded to an email, the other owner is in Oz and also does not respond. The third owner has verbally said 'do what you like', but won't respond to requests for letter or email.
The problem is - I have heard the deck could be unlawful and thereby make my title defective, also other owners could sue me if I go ahead with the small deck.
Whether the deck not actually being attached to side of unit would invalidate making title defective - i do not know. Does anyone have any ideas?
An alternative - would be to not build a deck but create a patio - level the area, (coconut fibre weedmat which I have a massive roll of) hardcore, gap 70 compact, lay on several large 1mx 900mm pavers down with white chip in between, edge with railway sleepers, attach trellis.
I'm thinking that an edged patio like this would not be a 'structure' and not make my tile 'defective' as its really no different from garden landscaping as the components are the same, pavers, stones, railway sleepers, trellis.
In reality my first pick is the deck but I don't want to be sued especially as Ive read in media of landlords having to pay all rent back to tenant when something is in any way unlawful or unconsented. The patio will be ok as an alternative and if another owner made a stink I could remove all the components and make area into garden or turf it.
Having rambled on above, I'd also like to add I was chatting to a RE in Mt Eden who reckons she knows of several end units facing big lawns where decks were simply added, no drama. Unlikely to be any problems....
Any experience, thoughts, ideas would be helpful
Vege
I have a brick unit in Mt Eden which is the end one of four. It has 1/4 share of 1585 square meters, most of that land is at my units end and I maintain all this area despite legally only being responsible for a 1/4 share.
I'd like to add a small deck - detached from the side of the unit by a few inches, then put a privacy screen eg trellis on two sides of this deck. It is not possible to get the written permission of the 3 other owners as one owner lives in China and has never responded to an email, the other owner is in Oz and also does not respond. The third owner has verbally said 'do what you like', but won't respond to requests for letter or email.
The problem is - I have heard the deck could be unlawful and thereby make my title defective, also other owners could sue me if I go ahead with the small deck.
Whether the deck not actually being attached to side of unit would invalidate making title defective - i do not know. Does anyone have any ideas?
An alternative - would be to not build a deck but create a patio - level the area, (coconut fibre weedmat which I have a massive roll of) hardcore, gap 70 compact, lay on several large 1mx 900mm pavers down with white chip in between, edge with railway sleepers, attach trellis.
I'm thinking that an edged patio like this would not be a 'structure' and not make my tile 'defective' as its really no different from garden landscaping as the components are the same, pavers, stones, railway sleepers, trellis.
In reality my first pick is the deck but I don't want to be sued especially as Ive read in media of landlords having to pay all rent back to tenant when something is in any way unlawful or unconsented. The patio will be ok as an alternative and if another owner made a stink I could remove all the components and make area into garden or turf it.
Having rambled on above, I'd also like to add I was chatting to a RE in Mt Eden who reckons she knows of several end units facing big lawns where decks were simply added, no drama. Unlikely to be any problems....
Any experience, thoughts, ideas would be helpful
Vege
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