Property law |
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Higher category: Law and Common law |
Strata title is a form of ownership and housing tenure devised for multi-level apartment blocks and horizontal subdivisions with shared areas. The word "strata" refers to apartments on different levels.
Strata title was first introduced in 1961 in the state of New South Wales, Australia, to better cope with the legal ownership of apartment blocks. Previously, the only adequate method of dividing ownership was company title, which had a number of defects, such as the difficulty of instituting mortgages. This term also applies to house-type strata title units in Australia.
Other countries that have adopted the Australian system (or a similar variant) of apartment ownership include: Canada (Alberta, British Columbia), Fiji, India, Indonesia, Malaysia, New Zealand, the Philippines, [1] Singapore, South Africa and the United Arab Emirates. Other countries have legislation based on similar principles but with different definitions and using different mechanisms in their administration.
Strata title schemes are composed of individual lots and common property. Lots are either apartments, garages or storerooms and each is shown on the title as owned by a lot owner. Common property is defined as everything else on the parcel of land that is not comprised in a lot, such as common stairwells, driveways, roofs, gardens and so on.
In New Zealand, strata title, commonly called a unit title, is created by the Unit Titles Act 2010. [2] There are 145,000 unit title dwellings in New Zealand. [3]
A unit title can be either a stratum in freehold, where the owners own the underlying land, or stratum in leasehold, where another person owns the land and the body corporate pays rent to that person. [4] As New Zealand uses the Torrens System of indefeasible titles, [5] the title for a unit title has a title for the principal unit, showing the legal description of the principal unit and any accessory units and any legal document registered against those units (called an interest); a Supplementary Record Sheet, showing the rules of the body corporate, its registered address and any interests registered against the underlying land; and the survey plan, which shows the boundaries of the units and the common property.
A person purchasing a unit title purchases a principal unit, which is designed as a place of business or residence; [6] any accessory units included in the title for the principal unit, such as car parks and storage lockers; [7] [8] and a beneficial interest in the common property, such as corridors, air ducts, building structure and entry ways; [9] and membership in the body corporate, which is composed of all unit owners and which legally owns the common property. [9] [10]
Creation of a unit title is a type of subdivision and so requires the approval of the relevant territorial authority under the Resource Management Act 1991, [11] as well as under the Unit Titles Act 2010. [12] A unit plan must be deposited with Land Information New Zealand and new titles issue in respect of each principal unit. [13]
The body corporate is responsible for maintaining the common property and the structure of the building (if this duty is delegated by the owners), [14] and for insuring the common property and the building structure. [15] The body corporate can set rules governing the use of the common property (for example, an owner who causes damage must repair it) and the units (for example, limiting pets, or noise levels depending on the time of day), and for the regulation of the body corporate. [16] These rules must be registered and non-registered rules do not have legal effect. [16] The operations of the body corporate are paid for by levies on all owners. [17] Levies are assigned based on the ownership interest or utility interest of the particular unit. [17] An ownership interest is based on the value of the unit, [18] while a utility interest is either the ownership interest or a proportion that is fair and equitable having regard to the costs and benefits of the unit. [19]
The owners in the unit title development must meet yearly to approve the levies, [17] the financial statements, [20] long term maintenance plan and fund (if any), [21] [22] approve changes to the body corporate rules (if any), [23] and the appointment of the body corporate chairman and committee (if any). The body corporate can delegate most of their duties to the committee of the owners. [24] The body corporate can also enter into service agreements in respect of the administration of the body corporate, usually to a specialist body corporate management firm, and building maintenance, including appointing a building manager. These service agreements must be permitted under the body corporate rules. [16]
A body corporate must have a long term maintenance plan, which provides for maintenance of the common property for at least ten years and an estimate of the costs. [21] The long term maintenance plan is then paid for by the long term maintenance fund, which must be separate from the body corporate general operating fund. However, a body corporate can elect not to have a Long Term Maintenance Fund. [22]
Disputes under the Unit Titles Act are heard in the Tenancy Tribunal. [25]
Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord.
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different parties.
This aims to be a complete list of the articles on real estate.
A homeowner association, or a homeowner community, is a private association-like entity in the United States, Canada, the Philippines and certain other countries often formed either ipso jure in a building with multiple owner-occupancies, or by a real estate developer for the purpose of marketing, managing, and selling homes and lots in a residential subdivision. The developer will typically transfer control of the association to the homeowners after selling a predetermined number of lots.
A townhouse, townhome, town house, or town home, is a type of terraced housing. A modern townhouse is often one with a small footprint on multiple floors. In a different British usage, the term originally referred to any type of city residence of someone whose main or largest residence was a country house.
Housing tenure is a financial arrangement and ownership structure under which someone has the right to live in a house or apartment. The most frequent forms are tenancy, in which rent is paid by the occupant to a landlord, and owner-occupancy, where the occupant owns their own home. Mixed forms of tenure are also possible.
A condominium is an ownership regime in which a building is divided into multiple units that are either each separately owned, or owned in common with exclusive rights of occupation by individual owners. These individual units are surrounded by common areas that are jointly owned and managed by the owners of the units. The term can be applied to the building or complex itself, and is sometimes applied to individual units. The term "condominium" is mostly used in the US and Canada, but similar arrangements are used in many other countries under different names.
A housing cooperative, or housing co-op, is a legal entity, usually a cooperative or a corporation, which owns real estate, consisting of one or more residential buildings; it is one type of housing tenure. Typically housing cooperatives are owned by shareholders but in some cases they can be owned by a non-profit organization. They are a distinctive form of home ownership that have many characteristics that differ from other residential arrangements such as single family home ownership, condominiums and renting.
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in common law under which a person who does not have legal title to a piece of property—usually land —may acquire legal ownership based on continuous possession or occupation of the property without the permission (licence) of its legal owner.
Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register.
Property management is the operation, control, maintenance, and oversight of real estate and physical property. This can include residential, commercial, and land real estate. Management indicates the need for real estate to be cared for and monitored, with accountability for and attention to its useful life and condition. This is much akin to the role of management in any business.
A freehold, in common law jurisdictions such as England and Wales, Australia, Canada, Ireland, and twenty states in the United States, is the common mode of ownership of real property, or land, and all immovable structures attached to such land.
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana.
Strata management, sometimes known as "body corporate management", is a specialist area of property management involving the day-to-day operation and management of a property that is jointly owned and comprises multiple units, common areas and common facilities. It is derived from an Australian concept of property law called strata title applied to the administration of common ownership in apartment buildings on multiple levels, or strata. Emerging markets in Dubai, Abu Dhabi, the Philippines and India have adopted the Australian system. It is one of the fastest growing forms of housing in the United States today, similar to common-interest development (CID), a category that includes planned unit developments of single-family homes, known as homeowner associations (HOAs), condominiums, and cooperative apartments.
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms. All types are subject to general rules and constraints. As one of the formalities in English law express, express legal easements must be created by deed.
A Delaware statutory trust (DST) is a legally recognized trust that is set up for the purpose of business, but not necessarily in the U.S. state of Delaware. It may also be referred to as an Unincorporated Business Trust or UBO.
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, but is now mostly registered and sold on the real estate market. The modern law's sources derive from the old courts of common law and equity, and legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates priority over other people's claims, particularly if the land is sold on, the possessor goes insolvent, or when claiming various remedies, like specific performance, in court.
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. In order for a structure to be considered part of the real property, it must be integrated with or affixed to the land. This includes crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property.
One in eight Canadian households lived in a residential condominium dwellings, mostly located in a few census metropolitan areas according to Statistics Canada Condominiums exist throughout Canada, although condominiums are most frequently found in the larger cities. "Condominium" is a legal term used in most provinces of Canada. in British Columbia, it is referred to as "strata title" and in Quebec, the term "divided co-property" is used, although the colloquial name remains "condominium".
Land registration in Scots law is a system of public registration of land, and associated real rights. Scotland has one of the oldest systems of land registration in the world. Registration of deeds is important as it constitutes the third stage of the creation and transfer of real rights.