Is limited common property a right associated with indefeasible title?
British Columbia, Canada
The following excerpt is from Chen v. The Owners, Strata Plan VR1856, 2016 BCSC 1946 (CanLII):
The Chow petitioners each hold indefeasible title to their respective strata lots. The limited common property is not part of the indefeasible title, but it is a registered right associated with that title. In Moure v. The Owners, Strata Plan NW2099, 2003 BCSC 1364, Groberman J., as he then was, said at para. 22 that [L]imited common property must be seen as a special category of property over which the unit owner has a substantial degree of control and something approaching a beneficial interest.
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