Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SECT 16A

16A Creation of easements over group title lots

(1) Where a multiple dwelling is situated on 2 or more group title lots (whether built before or after the commencement of section 11 of the Sanctuary Cove Resort Act Amendment Act 1989 ), the proprietor of a lot on which is situated part of the multiple dwelling (which part is intended for separate occupation) shall, in respect of any roofs, eaves, gutters, downpipes or foundations situated wholly or in part on any adjoining lot, be entitled to any shelter, drainage or support capable of being afforded thereby in respect of the proprietor’s lot.

(2) The rights created by subsection (1) are easements to which are subject the relevant parts of the multiple dwelling and the lot on which those parts are situated.

(3) An easement created by this section shall entitle the proprietor of the dominant tenement to enter the servient tenement and maintain, replace, renew or restore any of the parts of the multiple dwelling that are subject to the easement.

(4) An easement created by this section shall not be exercised by the proprietor of a lot in such a manner as unreasonably to prevent any other proprietor from enjoying the use or occupation of the proprietor’s lot.