Australian Capital Territory Current Acts

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UNIT TITLES ACT 2001 - SECT 34

Unit title easement rights

This division applies to the following rights ( unit title easement rights ) that the owner of a benefited estate may have against the owner of a burdened estate:

        (a)     rights of support, shelter and protection (including rights for shelter provided by encroaching eaves, awnings or similar structures)—

              (i)     provided by the burdened estate at the time of the registration of the units plan, or at the time of the latest amendment (if any) of the plan after its registration; and

              (ii)     that will be provided by the burdened estate on compliance by its owner with a building and development provision (if any) in the lease of the burdened estate;

        (b)     rights to utility services, and to their provision by any reasonable form of utility conduit (including rights for the collection, passage and drainage of rainwater by encroaching eaves, gutters, downpipes or similar structures);

        (c)     all ancillary rights necessary to make the rights mentioned in paragraphs (a) and (b) effective, including a right of entry by the owner of the benefited estate at all reasonable times on the burdened estate for the inspection and maintenance of—

              (i)     any building on the estate; and

              (ii)     facilities for any utility service on the estate; and

              (iii)     any utility conduit on the estate.

Note     Estate is defined in the dictionary as a unit or common property (in this context).



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