Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 68

68 Exercise of rights under statutory easement

(1) Rights under a statutory easement must not be exercised in a way that unreasonably prevents or interferes with the use and enjoyment of a lot or common property.

Note—

For other provisions about statutory easements, see the Land Title Act , part 6A , division 5 .

(2) If a statutory easement entitles a lot owner to enter another lot or common property to carry out work, the owner—

(a) must give reasonable written notice—

(i) to the other lot’s owner, and additionally, if the owner is not the occupier, the other lot’s occupier, before entering the lot to carry out work; or

(ii) to the body corporate, before entering the common property to carry out work; and

(b) must comply with the security or other arrangements or requirements ordinarily applying for persons entering the lot or the common property.

(3) If a statutory easement entitles the body corporate to enter a lot to carry out work, the body corporate must give reasonable written notice to the lot owner before entering the lot to carry out work.

(4) Subsections (2) and (3) do not apply if the need for the work to be carried out is, or is in the nature of, an emergency.