Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 62

62 .         Easement for support, shelter and projections — common property

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

            (a)         for the subjacent and lateral support of the common property, by every lot in the strata titles 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 common property 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 common property.

        (2)         The easement entitles the strata company 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 common property in a strata titles scheme there is an easement burdening the common property —

            (a)         for the subjacent and lateral support of every lot in the strata titles 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 common property of all other parts of the scheme building capable of enjoying support or shelter; and

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

        (5)         A strata company must not do anything or permit anything to be done that would interfere with rights under the easement burdening the common property under this section.

        [Section 62 inserted: No. 30 of 2018 s. 83.]

[Former section 62 renumbered as section 69 and relocated to Part 5 Division 4: No. 30 of 2018 s. 84.]

[Former section 62A renumbered as section 70 and relocated to Part 5 Division 4: No. 30 of 2018 s. 84.]