5 103 square metres of residential premises and all land appurtenant
thereto known as 9 Hazelwell Lane, Stirchley, Birmingham B30 2PR together with half width of highway known as Hazelwell Lane.
Unless otherwise expressly provided in the enabling or master deed or the declaration of restrictions, a unit owner is granted: the boundary of the unit, consisting of the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof; an exclusive easement for the use of the air space encompassed by the boundaries of the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time; co-ownership of the common areas in equal shares, one for each unit, unless otherwise provided; and a non-exclusive easement for ingress, egress and support as appurtenant
to each unit and the common areas.
To determine the meaning of owner-occupied buildingunder the RLTO, the appellate court turned to the definition of dwelling unit, which is a building "used as a home, residence or sleeping place.., together with the common areas, land and appurtenant
buildings thereto:' Under this definition, the court found the coach house clearly to be part of the landlord's dwelling unit, as the coach house is appurtenant
to the building where Toy lives and is located at the same address.