A special by-law adopted at the time of registration of a strata plan may validly confer a right on one lot proprietor to use a specified area of another lot for storage of watercraft, at least where the strata scheme is a two-lot scheme functionally similar to a subdivision. The Anthony Hordern principle does not preclude the use of s 43 of the Strata Schemes Management Act 1996 to create rights in the nature of easements, where the strata titles legislation and the Conveyancing Act 1919 constitute distinct statutory regimes with overlapping but distinct powers. Whether such a by-law could be validly adopted post-registration by an owners corporation was left open.
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