Western Australian Current Regulations Western Australian Current Regulations (1) Under a pedestrian
access easement, the grantor grants to the grantee an easement that confers a
right to pass and repass on foot over the easement area at any time or at the
times specified in the short form documents.
(2) 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.
(3) 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, any occupier of the
lot, and any contractor, employee, agent or visitor of the owner or occupier;
(b) if
the easement benefits common property — any person lawfully
entitled to use the common property.
(4) The easement is
non‑exclusive unless otherwise specified in the short form documents.
(5) If the easement is
non‑exclusive —
(a) the
grantor must keep the easement area in good order (including by doing any
repairs, replacements, maintenance, cleaning or other upkeep); and
(b) the
grantee must reimburse the prescribed proportion of the costs incurred by the
grantor in keeping the easement area in good order.
(6) Unless the short
form documents specify otherwise, the prescribed proportion is —
(a) the
proportion that the unit entitlement of the grantee’s lot bears to the
total unit entitlements of the grantor’s and the grantee’s lots,
unless paragraph (b) or (c) applies; or
(b) if
common property is burdened by the easement — the proportion that
the unit entitlement of the grantee’s lot bears to the sum of the unit
entitlements of all lots in the strata titles scheme; or
(c) if
common property is benefited by the easement — the proportion that
the sum of the unit entitlements of all lots in the strata titles scheme
(other than the grantor’s lot) bears to the sum of the unit entitlements
of all lots in the strata titles scheme.
(7) If the easement is
exclusive, the grantee must keep the easement area in good order (including by
doing any repairs, replacements, maintenance, cleaning or other upkeep).