Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 95

95 Easement for support

(1) This section applies if a high-density development easement is created for support.

(2) An easement of lateral or subadjacent support exists in favour of 1 lot (the
"benefitted lot" ) against the other lot (the
"burdened lot" ) if the burdened lot is capable of supplying lateral or subadjacent support to the benefitted lot.

(3) An easement of common wall support exists in favour of the benefitted lot against the burdened lot when a building on the burdened lot is supplying common wall support to a building on the benefitted lot.

(4) For subsection (3) , a building (
"building A" ) supplies common wall support to another building (
"building B" ) if a wall (the
"common wall" ) of building A that is necessary to ensure the general safety and structural integrity of building B—

(a) is also a wall of building B; or

(b) is constructed on the same foundation as, and adjacent to, a wall of building B.

(5) An easement under subsection (2) or (3) entitles the owner of the benefitted lot to enter the burdened lot under the easement to maintain or replace any support.

(6) The owner of the benefitted lot and the owner of the burdened lot are each liable to contribute equally to the cost of maintaining or replacing any support.

(7) The owner of the burdened lot—

(a) must maintain any structures on the burdened lot that provide support; and

(b) must insure, to the extent practicable, any structures on the burdened lot that provide support for—

(i) the full replacement value of the structure; and

(ii) public risk; and

(c) must not remove, change or otherwise interfere with any support, other than as required under paragraph (a) , without the written consent of the owner of the benefitted lot.