New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 106

106 Easements on registration of strata plan that creates part strata parcel

(1) On registration of a plan as a strata plan that creates a part strata parcel, the following easements are implied in relation to the lots and common property comprising the part strata parcel and situated within a building--

(a) an easement benefiting the lots and common property for their subjacent and lateral support and burdening other parts of the building capable of affording support,

(b) an easement burdening the lots and common property for subjacent and lateral support and benefiting other parts of the building capable of enjoying support,

(c) an easement benefiting the lots and common property for their shelter and burdening all other parts of the building capable of affording shelter,

(d) an easement burdening the lots and common property for shelter and benefiting other parts of the building capable of being sheltered by the lots and common property.

(2) All ancillary rights and obligations reasonably necessary to make easements effective apply in relation to the easements.

(3) An easement for support or shelter--

(a) entitles the owner of the dominant tenement to enter the servient tenement to replace, renew or restore the support or shelter, and

(b) subsists until the easement is extinguished.

(4) The Registrar-General must record the easements in the Register.

(5) This section applies despite section 88 of the Conveyancing Act 1919 .