Western Australian Current Acts Western Australian Current Acts (1) An easement (a
utility service easement ) exists for the benefit and burden of each lot and
the common property in a strata titles scheme to the extent reasonably
required for the provision of utility services to each lot and the common
property.
(2) A utility service
easement entitles the strata company, and the owner of a lot, in the strata
titles scheme —
(a) to
install and remove utility conduits; and
(b) to
examine, maintain, repair, modify and replace utility conduits.
(3) The rights
conferred by a utility service 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) A strata company
must not interfere or permit interference with utility conduits or a utility
service provided by means of utility conduits in a way that may prejudice the
use or enjoyment of a lot or the common property, other than —
(a) in
the reasonable exercise of rights under a utility service easement of which it
has the benefit; or
(b) in
the performance of its function of controlling and managing common property in
the scheme.
(5) An owner or
occupier of a lot must not, either within or outside the lot, interfere or
permit interference with utility conduits or a utility service provided by
means of utility conduits in a way that may prejudice the use or enjoyment of
another lot or the common property in the strata titles scheme, other than in
the reasonable exercise of rights under a utility service easement.
(6) A utility service
easement has effect even if the lot benefited and the lot burdened have the
same owner.
(7) In any dispute
about the location of utility conduits under a utility service easement, the
objective must be to resolve the matter fairly taking into account the options
that are reasonably available to give effect to the easement.
(8) If, in the course
of exercising rights under a utility service easement, the owner of a lot
comes into possession of documents specifying the location of utility conduits
or other information relating to utility conduits that ought reasonably to be
kept by the strata company, the owner of the lot must ensure that the
documents are provided to the strata company.
(9) If, in the course
of exercising rights under a utility service easement, the strata company
comes into possession of documents specifying the location of utility conduits
or other information relating to utility conduits that ought reasonably to be
kept by the strata company, the strata company must keep the documents.
[Section 63 inserted: No. 30 of 2018 s. 83.]
[Former section 63 renumbered as section 71 and relocated to Part 5 Division
4: No. 30 of 2018 s. 84.]