(1) The ownership of
land in a scheme is to be determined in accordance with this section for the
purposes of the Dividing Fences Act 1961 .
(2) Subject to
subsection (3), the strata company for a scheme shall be regarded as the
owner of the parcel that is the subject of that scheme, other than such part
(if any) of the parcel as is the subject of a lease accepted or acquired by
the strata company under section 18.
(3) In a single tier
strata scheme or a survey-strata scheme the owner of land in the scheme that
adjoins land outside the scheme shall be regarded to be —
the case of a lot, the proprietor of the lot; and
the case of common property, the strata company.
(4) If a by-law of a
strata company for —
single tier strata scheme; or
determines who is to
be regarded as the owner of land in the scheme for the purposes of the
Dividing Fences Act 1961 , that by-law has effect despite any provision
of that Act or of this section.
[Section 123 inserted: No. 61 of 1996