Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 96A

96A Easements for projections

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

(2) An easement exists in favour of 1 lot (the
"benefitted lot" ) against the other lot (the
"burdened lot" ) to permit parts of a building situated on the benefitted lot, including, for example, eaves, guttering, awnings and window sills, to project over the boundaries of the burdened lot.

(3) The easement entitles the owner of the benefitted lot to enter the burdened lot to maintain or replace the building parts.

(4) The owner of the benefitted lot—

(a) is solely liable for the costs of maintaining or replacing the building parts; and

(b) must insure, to the extent practicable, the building parts for—

(i) their full replacement value; and

(ii) public risk.

(5) The owner of the burdened lot must not remove, change or otherwise interfere with any projection without the written consent of the owner of the benefitted lot.