How can the OMC stop him?
he management company are arguing that it should be transferred to the OMC
The Land registry shows the little strip of land belongs to the builder. His son who is also an owner occupier is now saying it will be transferred to him, not the OMC
You could also take a look at the planning application for the complex and see what was specified there, it should be freely available online. If the strip was included there, then there may be a good argument that it is part of the common areas, and as I mentioned earlier it is mandatory that the developer transfers all common areas to the OMC under the MUD Act.The Land registry shows the little strip of land belongs to the builder.
Which unfortunately makes him no different to the vast majority of people in the world, especially when it comes to money or property. You may be different, but I guarantee you then 9 out of 10 of the other OMC members would not hand over land free of charge in a similar situation. Humans.He doesn't care about the common good, just himself.
He doesn't have to act on the common good does he. And it looks to me like the owners above want to get additional property rights which they originally did not have.. This would allow units with gardens at the rear to have a gate installed and improved access to the front of the development (at the moment access to some rear gardens is through their apartments which includes front and rear stairwells).
I would check the planning permission though, it’s freely available online and the plot should be very clear from that. If the strip of land is there then you’re good,
Agreed, wrote that with a bit of haste. What I was trying to convey was that if it is not shown as part of the development in the planning document and it is still shown as a separate plot owned by the developer then OP is out-of-luck, whereas if the planning document shows it as being part of the development then there's at least something to go forward with. But agreed, it would be nothing more than evidence building.The planning documents are hardly evidence of title.
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