The law and Elder Mews

The Elder Mews Cottages are divided into a separate Torrens Title for each cottage.  The title includes the individual cottage structure and the adjacent front yard extending from each individual cottage and the individual rear yard.

The ownership of each cottage extends to the centre of the common walls between the cottages. Party Wall rights have been created for these walls. These rights create reciprocal rights of support over adjoining neighbour’s half of the wall. Put simply you need the other half of the wall for your half to remain standing, therefore the adjoining owner cannot take actions which would affect this right of support.

The owner(s) of each cottage are a shareholder and member of the Elder Mews (AWH) Co-operative Ltd (the co-operative). One share is allocated to each cottage. Each share is worth One Dollar ($1.00). Only owners are eligible to hold shares in the Co-operative. The Co-operative is incorporated pursuant to the Co-operatives National Law (South Australia) 2013 and is a small co-operative. A Co-operative is a self-governed, self-help organisation, which is controlled by its members.

When a cottage is sold the owner(s) are required to transfer their shareholding to the new owner and the secretary will arrange the new owners membership of the co-operative.

The car park areas, the back lane and the eastern pathway (Areas marked area ‘D’ on the titles of each cottage) are owned by the co-operative. The owners have permission to pass over the rear lane and eastern pathway and to park in an allocated car park. A Memorandum of Easement is on the titles, giving the owners these rights. An easement gives owners of land, rights over land owned by another.

There is also a Memorandum of Encumbrance on the titles for the cottages. The Encumbrance requires the owners and the co-operative to comply with certain obligations and gives the co-operative certain powers. The co-operative has certain rules and powers which are created in the Rules of the Co-operative which are approved by a Special General Meeting of owners and the Office of Consumer and Business Services which is responsible for the administration of the Co-operatives National Law (SA) 2013.

These documents provide further information.