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I live in a single home with a condominium complex directly behind. Currently there is a hedge (condo side) that acts as a separator between the houses and the condo complex. Directly behind the hedge there are parking spaces, followed by a road, and then more parking spaces before you run into an actual condo.

I'm looking to expand my backyard and I was wondering the following:

  1. Could I purchase the parking spaces from the condominium corporation and file for a lot adjustment to expand my property further back?
  2. Could I enter into a 99 year lease to purchase the parking spaces from the condominium corporation and simply remove the hedge and make use of the additional space? (i.e. tear up pavement, plant hedges around sides of approx. 4 parking spaces and simply take advantage of the space.
  3. If I simply purchased the 4 condos who's parking spaces were allocated behind my house, would I be able to remove the hedge and do what I please with these parking spaces? (i.e. same as above)
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You can do everything that follows the legal rules:

  • It does follow the building allocation for the lot (which most likely reads: Parking lot of lot XYZ, preventing reallocation into other lots)
  • It follows local laws (which might or might not prescribe that condos have to provide a parking space per condo, preventing tearing it up)
  • AND you must find the other party that actually owns the lot willing to part with the lot and sign you over the lot with the rights to modify the land.

So while technically you might be legally allowed to get ownership, it seems unlikely just from an economical standpoint: the condo leaser will most decidedly not want to make his condos unattractive (by not providing parking), break the law (by not providing parking) and he might not want to sell the condos together with the building and you have no legal leverage at all to force him to do that.

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