What is the test for determining who must replace a fence on limited common property?
British Columbia, Canada
The following excerpt is from Nicholson v. The Owners, Strata Plan KAS 1137, 2020 BCCRT 1117 (CanLII):
36. The second decision the applicants rely on is Bruzas et al v. Bjornson et al, 2019 BCCRT 1070. That case was about whether an owner had to remove a fence located on limited common property. I find that the reasoning in Bruzas is not applicable to this dispute. This is because the contested fence was located on limited common property. That is different from the facts in this case, where the fence is located within strata lots. Standard Bylaw 8(c)(ii) was engaged in that dispute, and was determinative of who must replace the fence. However, that bylaw does not apply in this dispute, because it only applies to limited common property.
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