Western Australian Current Regulations Western Australian Current Regulations (1) Under an intrusion
easement, the grantor grants to the grantee an easement that confers the
following rights —
(a) a
right to retain, construct, inspect, alter, maintain, repair, replace and use
any permitted intrusion in the easement area;
(b) a
right to enter the lot or common property burdened by the easement, at any
reasonable time, for the purpose of exercising the rights referred to in
paragraph (a).
(2) A permitted
intrusion is any part of a building that is on the lot or common property
benefited by the easement (including anything that is attached to or projects
from the building) which —
(a)
intrudes into the lot or common property burdened by the easement in the
easement area; and
(b) is a
thing that would be included as part of the lot under Schedule 1
clause 3 or 4, if the lot or common property benefited by the
easement were a lot in a single tier strata scheme; and
(c)
would be regarded as a permitted boundary deviation if the strata titles
scheme were a single tier strata scheme.
(3) 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.
(4) 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.
(5) 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.
Note for this regulation:
Schedule 1
explains the meaning of permitted boundary deviation .