Issue: The issue comes under the Strata Titles Act, 1966 which was introduced to permit the certificate of title for the parts of buildings. For instance, I have the right to do whatever on the land considering the local zone ordinance. I have identified the key issue with the strata title scheme which does not provide fair recognition within statutes and creates qualitative differences between laws through a proprietary interest in lots of common property.
Rule: I have learned that as per section 7 of strata schemes freehold development act has to define land under the Real property act, 1990 held with fee simple which is compromised with a relevant or limited folio of the owner. I understood that the registration under the strata plan has been subdivided. Hence, the fee simple rights of the owners are not subject to limitations except government zone, taxation, tort law, environment law, GST and others.
Analysis: As per the analysis, the fee simple rights affect the strata title schemes that provide the authority with certain limitations to consider the interest of the public. In the application of the strata scheme, if an owner breaches the condition of title, then it would result in the termination of rights for the estate and retake of the property. The fee simple provides a bundle of rights such as the right to use, sell, refuse to sell, use for farming, gain a mortgage, and others.
Conclusion: In my opinion using analysis, the strata title act and real property act need to be revised in terms of absolute powers with context to feel simple. The fee simple rights are incorporated with certain limitations that need to be revised as it affects the individual and community interest that might raise conflict under the legislative requirements. However, I have considered that the strata legislation is concerned with an issue that achieves without consideration of devasted interest people which needs to revise as per the plan for community title acts.
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Shoemaker, Fee simple failures: rural landscapes and race (Mich. L. Rev., 119, 2020), p.1695.
Gabor, Resolving Insurance Issue for Multi-Unit Buildings: Lessons Learnt from the Canterbury and the Kaikoura Earthquakes (Waka-Victoria University of Wellington, 2022)
Nunes, A technological shift in procedural law (from automation to transformation): can the legal procedure be adapted through technology?. (Civil Procedure Review, 11(3), 2020) pp.11-32
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