Unauthorised installation of private plant on common property

  • Author : Tiphanie Acreman - 27-05-2013

A lot owner installed an air conditioner in the roof space which was common property in OC PS326519P v May [2013] VCAT 933. The lot owner claimed an implied easement existed. This was rejected by the Tribunal on the basis that any increase in fire risk is inconsistent with the reasonable use and enjoyment of the other lots and the common property.

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Tiphanie Acreman

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