Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 41BA

41BA Ownership of common property

(1) Common property for a community titles scheme is owned by the owners of the lots included in the scheme, as tenants in common, in shares proportionate to the interest schedule lot entitlements of their respective lots.

(2) Subsection (1) applies even though, under section 41A , the registrar creates an indefeasible title for the common property.

(3) An owner’s interest in a lot is inseparable from the owner’s interest in the common property.

Examples for subsection (3)—

1 A dealing affecting the lot affects, without express mention, the interest in the common property.

2 An owner can not separately deal with or dispose of the owner’s interest in the common property.