sec.34Easements over common property— Act , s 155

sec.34 Easements over common property— Act , s 155

This section sets out the way and the extent that the body corporate is authorised to grant, accept the grant of, and surrender, and accept the surrender of, easements relating to common property. The body corporate may, if authorised by a lot owner agreement— grant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or surrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property. An instrument lodged for registration under the Land Title Act 1994 to give effect to the grant or surrender of an easement over or affecting the common property must be accompanied by— a copy of the lot owner agreement; and other documents required by the registrar (including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme). s 34 amd 2024 SL No. 40 s 52 (sec.34-ssec.1) This section sets out the way and the extent that the body corporate is authorised to grant, accept the grant of, and surrender, and accept the surrender of, easements relating to common property. (sec.34-ssec.2) The body corporate may, if authorised by a lot owner agreement— grant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or surrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property. (sec.34-ssec.3) An instrument lodged for registration under the Land Title Act 1994 to give effect to the grant or surrender of an easement over or affecting the common property must be accompanied by— a copy of the lot owner agreement; and other documents required by the registrar (including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme).

• (a) grant an easement over the common property, or accept the grant of an easement for the benefit of the common property; or
• (b) surrender an easement for the benefit of the common property, or accept the surrender of an easement over the common property.
• (a) a copy of the lot owner agreement; and
• (b) other documents required by the registrar (including, if considered appropriate, a request to record a new community management statement in place of the existing statement for the community titles scheme).