Western Australian Current Regulations

STRATA TITLES (GENERAL) REGULATIONS 2019 - REG 24

24 .         Location of easement area and identification of property affected

        (1)         The location of the easement area must be delineated on the scheme plan or amendment of the scheme plan in accordance with the Survey Regulations and any requirements of the Registrar of Titles.

        (2)         The easement area must be shown on the scheme plan or amendment of the scheme plan as being subject to that short form easement.

        (3)         The easement area may be —

            (a)         limited by height or depth; and

            (b)         shown by reference to markings in the area that are relevant to the short form easement.

        (4)         The lots and common property (if any) benefited by the short form easement and the lots and common property burdened by the short form easement must be identified on the scheme plan or amendment of the scheme plan in a manner approved by the Registrar of Titles.

        (5)         If the short form easement benefits a local government or a public authority (and does not benefit a lot or common property), the local government or public authority benefited must be specified in the short form documents.

        (6)         The scheme plan or amendment of the scheme plan must make it clear that the short form easement is an easement under section 33 by specifically referring to that section.