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Strata

Title in a prescribed part of a building coupled with a tenant in common interest in common areas.

A form of ownership created by statute, synonymous with condominium ownership.

Some jurisdictions refer to the building/apartment co-ownership scheme as condominium (eg. the Condominium Act of Nova Scotia), others the Strata Title Act. British Columbia began in 1966 with a strata title statute; reverted to a condominium act and more recently, in 1998, returned again to the nomenclature of Strata Title Act.

In his book, law professor Pavlich defined strata as follows:

"... the Strata Titles Act ... property-law regime ... consists of a combination of title in fee simple in respect of a described part of a building or designated air space or even bare land, coupled with an interest as a tenant in common in respect of the remaining (common) areas, either in the form of land, air space, facilities or buildings."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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