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STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 107
Other easements in particular strata schemes
107 Other easements in particular strata schemes
(1) This section applies if an instrument lodged with a strata plan that
creates a part strata parcel purports to create any of the following easements
burdening or benefiting the part strata parcel or the land comprised in the
part strata parcel-- (a) a right of vehicular access,
(b) a right of personal
access,
(c) an easement for a specified service.
(2) The rights and
obligations conferred or imposed by the easement are the rights and
obligations specified in Schedule 5, other than to the extent the rights or
obligations are varied or negatived under this section or in the instrument.
(3) The terms of an easement referred to in subsection (1) may be varied under
section 47 of the Real Property Act 1900 , to the extent the terms relate to--
(a) the responsibility for maintaining in good order or repairing the access
or other things required for enjoyment of the easement, or
(b) the
proportions in which the persons having the benefit or burden of the easement
are liable to contribute to the cost of maintaining in good order or repairing
the access or other things.
(4) On application by a person who has an estate
or interest in land that has the benefit or burden of an easement to which
this section applies, the Supreme Court may, by order, vary the terms of the
easement to the extent the terms relate to a matter referred to in subsection
(3) (a) or (b).
(5) The Registrar-General must, on application made in the
approved form, make all necessary recordings in the Register to give effect to
an order.
(6) On registration under subsection (5), an order is binding on
all persons entitled or later becoming entitled to the easement, whether of
full age or capacity or not and whether the persons are parties to the
proceedings or have been served with notice or not.
(7) Despite section 88 of
the Conveyancing Act 1919 , the site of an easement for a specified service
need not be identified on the strata plan.
(8) In this section--
"drainage" includes the product of rain, a storm, soakage, a spring or
seepage.
"service" means a water, sewerage, drainage, gas, electricity, oil, garbage,
conditioned air, telephone, television or radio impulses or signals service or
another service prescribed by the regulations.
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