Western Australian Current Regulations Western Australian Current Regulations (1) Under a party wall
easement, the grantor grants to the grantee an easement that confers the
following rights —
(a) a
right to use a party wall within or on the boundary of the easement area for
the support of the walls, floors, footings, ceilings, roofs or other parts of
any building built or placed on the lot or common property benefited by the
easement;
(b) a
right to enter the lot or common property burdened by the easement, at any
reasonable time, for the purpose of repairing, maintaining, renewing or
otherwise remedying any failure to maintain the party wall including the right
to erect scaffolding or equipment as is reasonably necessary for upholding and
maintaining the party wall.
(2) The right referred
to in subregulation (1)(b) 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.
(3) The
easement —
(a)
burdens any lot or common property identified on the scheme plan or amendment
of the scheme plan as the lot or common property burdened by the easement; and
(b)
benefits any lot or common property identified on the scheme plan or amendment
of the scheme plan as the lot or common property benefited by the easement.
(4) The following
persons are entitled to exercise the rights conferred by the
easement —
(a) if
the easement benefits a lot — the owner of the lot and any occupier
of the lot;
(b) if
the easement benefits common property — the strata company.