Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this section:
"proprietor", in relation to the common property, means the corporation.
"tenement" means a unit or the common property, as the case may be.
(2) On and after the registration of the units plan, the proprietor of each tenement (in this section called the dominant tenement ) shall be deemed to have over each other tenement (in this section called the servient tenement ) such of the rights specified in subsection (3) as are necessary for the reasonable use and enjoyment of the dominant tenement.
(3) The rights referred to in subsection (2) are:
(a) rights of support, shelter and protection afforded by the servient tenement at the time of the registration of the units plan;
(b) rights for the collection, passage and provision of water, sewerage, drainage, garbage, gas, electricity and air, and other services of whatsoever nature (including telephone, radio and television services), through or by means of pipes, wires, cables, ducts, or other reasonable means; and
(c) such ancillary rights as are necessary to make the rights referred to in paragraphs (a) and (b) effective, including rights of entry by the proprietor of the dominant tenement and his agents, servants and workmen at all reasonable times on the servient tenement for the purpose of:
(i) inspecting, maintaining or repairing the servient tenement; or
(ii) inspecting, maintaining, repairing, replacing, renewing or restoring any pipes, wire, cable, duct or other material.
(4) A right created by this section shall be deemed to be an easement appurtenant to the dominant tenement in relation to which it is enjoyed.
(5) An easement created by this section subsists notwithstanding that the same person is the proprietor of both the dominant and servient tenements.
(6) A person exercising a right under an easement created by subsection (3)(b) or (c) is liable to make good any damage done in the course of exercising that right.