QLDIn ForceAct
Land Title Act 1994
sec.41BAOwnership of common property
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### sec.41BA Ownership of common property
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.
Subsection (1) applies even though, under section 41A , the registrar creates an indefeasible title for the common property.
An owner’s interest in a lot is inseparable from the owner’s interest in the common property.
A dealing affecting the lot affects, without express mention, the interest in the common property.
An owner can not separately deal with or dispose of the owner’s interest in the common property.
s 41BA ins 2003 No. 6 s 146
(sec.41BA-ssec.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.
(sec.41BA-ssec.2) Subsection (1) applies even though, under section 41A , the registrar creates an indefeasible title for the common property.
(sec.41BA-ssec.3) An owner’s interest in a lot is inseparable from the owner’s interest in the common property. A dealing affecting the lot affects, without express mention, the interest in the common property. An owner can not separately deal with or dispose of the owner’s interest in the common property.
- 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.