Private Property Or Common Property For Private Use?

A subtle distinction with major consequences

In condominiums, and especially in urban areas, the existence of a roof terrace or courtyard for private use is an undeniable benefit to its occupants, and of course these spaces significantly increase the market value of a property.

However, both property owners and potential buyers are often misinformed about the exact extent of their rights over the outdoor spaces that benefit their flat.

It is common, for example, to see sales advertisements that include outdoor areas adjoining the property being sold as if they were private property - and therefore fully owned by the seller and sold as such - whereas the legal reality may be quite different.