Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 61

61 .         Easement for support, shelter and projections — lot

        (1)         For each lot in a strata titles scheme there is an easement benefiting the lot —

            (a)         for the subjacent and lateral support of the lot —

                  (i)         by every other lot in the scheme capable of affording support; and

                  (ii)         by all the common property in the scheme capable of affording support;

                and

            (b)         if the scheme is a strata scheme —

                  (i)         for the support and shelter of the parts of a scheme building within the lot by every other part of the scheme building capable of affording support or shelter; and

                  (ii)         for the projection of window sills, windows, window awnings, eaves, guttering and other minor parts of a scheme building within the lot.

        (2)         The easement entitles the owner of a lot benefited by the easement to examine, maintain, repair, modify and replace the support, shelter or projection to which the easement relates.

        (3)         The rights conferred by the easement must be exercised so as to minimise, as far as reasonably practicable, interference with the use and enjoyment of lots and common property in the strata titles scheme.

        (4)         For each lot in a strata titles scheme there is an easement burdening the lot —

            (a)         for the subjacent and lateral support of —

                  (i)         every other lot in the scheme capable of enjoying support; and

                  (ii)         all the common property in the scheme capable of enjoying support;

                and

            (b)         if the scheme is a strata scheme —

                  (i)         for the support and shelter by the parts of a scheme building within the lot of all other parts of the scheme building capable of enjoying support or shelter; and

                  (ii)         for the projection over the lot by window sills, windows, window awnings, eaves, guttering and other minor parts of a scheme building within another lot or the common property.

        (5)         An owner or occupier of a lot must not do anything or permit anything to be done that would interfere with rights under the easement burdening the lot under this section.

        (6)         An easement under this section has effect even if the lot benefited and the lot burdened have the same owner.

        [Section 61 inserted: No. 30 of 2018 s. 83.]

[Former section 61 renumbered as section 68 and relocated to Part 5 Division 4: No. 30 of 2018 s. 84.]