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Unregistered
08-23-2009, 09:41 AM
Dear Readers,

Can you inform me about the following:
I live in a small communidad, 22 owners and I did 20 years ago, with the consent of the owners, make a terrace.

This terrace is situated in the garden at my cost and most owners have now built a terrace.

Now new owners say, that in general the garden is for all, and that therefore, even if they already have a terrace, they may use my terrace.

I have also installed such as power, water, sunscreen and it is now claiming, that they may use that too because it is sutiated in the Garden.

It seems to me, the land is not mine, but the construction etc. I paid, so I think, there is no right for them caiming this.

Well said, that if I am not using my Terrace when I am away for a longer time in our Communidad, that I give permission to use my terrrace my other Owners, provided that everything is left clean.

Is my thinking ok?

Many thanks you for your reply.

John de Groot

Lawbird Lawyer
08-24-2009, 01:21 PM
Dear Sir,

It would seem you've appropriated yourself of part of the communal garden building your own terrace.

Your other neighbours are entitled to use that part of the garden as its a communal area, not privative, belonging to all.

If they agree to use that area and leave evrything tidy that would be great for all involved avoiding further hassle and fuss. But it will be hard to enforce in practice whilst you are away.

Yours faithfully,