Exclusive use in sectional title schemes – benefit or burden?
By Anton Kelly
The concept of exclusive use is unique to sectional title schemes. It means that although all owners own all the common property in undivided shares, they can agree that one owner (or perhaps a few owners) can use a specified portion of their co-owned property, and no other owner will use it.
So there is a benefit to the owner who holds the rights. But, as the old saying goes, there are no free lunches, and the exclusive use of common property comes at a cost, which is a burden. Let’s weigh up the benefits and burdens of holding exclusive use rights.