sec.51Duties of proprietors and other occupiers of lots

### sec.51 Duties of proprietors and other occupiers of lots A proprietor, mortgagee in possession (whether by himself, herself or any other person), lessee or occupier of a lot shall not— do anything or permit anything to be done on or in relation to that lot so that— any support or shelter provided by that lot for another lot or common property is interfered with; or the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services (including telephone, radio and television services) through or by means of any pipes, poles, wires, cables or ducts for the time being in or upon the lot is interfered with; or use or enjoy that lot, or permit that lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is a proprietor or not); or use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is a proprietor or not) or by any other person entitled to the use and enjoyment of the common property. A proprietor or mortgagee in possession (whether by himself, herself or any other person) shall repair and maintain his or her lot (including any part of a pipe, pole, wire, cable or duct which is intended to be used solely for the servicing or enjoyment of the lot and is within the lot but not within a wall, floor or ceiling forming a boundary of that lot) and keep the same in a state of good repair, reasonable wear and tear, and damage by fire, storm, tempest or act of God excepted. s 51 amd 1988 No. 23 s 46 ; 1990 No. 87 s 20 (sec.51-ssec.1) A proprietor, mortgagee in possession (whether by himself, herself or any other person), lessee or occupier of a lot shall not— do anything or permit anything to be done on or in relation to that lot so that— any support or shelter provided by that lot for another lot or common property is interfered with; or the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services (including telephone, radio and television services) through or by means of any pipes, poles, wires, cables or ducts for the time being in or upon the lot is interfered with; or use or enjoy that lot, or permit that lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is a proprietor or not); or use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is a proprietor or not) or by any other person entitled to the use and enjoyment of the common property. (sec.51-ssec.2) A proprietor or mortgagee in possession (whether by himself, herself or any other person) shall repair and maintain his or her lot (including any part of a pipe, pole, wire, cable or duct which is intended to be used solely for the servicing or enjoyment of the lot and is within the lot but not within a wall, floor or ceiling forming a boundary of that lot) and keep the same in a state of good repair, reasonable wear and tear, and damage by fire, storm, tempest or act of God excepted. - (a) do anything or permit anything to be done on or in relation to that lot so that— (i) any support or shelter provided by that lot for another lot or common property is interfered with; or (ii) the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services (including telephone, radio and television services) through or by means of any pipes, poles, wires, cables or ducts for the time being in or upon the lot is interfered with; or - (i) any support or shelter provided by that lot for another lot or common property is interfered with; or - (ii) the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services (including telephone, radio and television services) through or by means of any pipes, poles, wires, cables or ducts for the time being in or upon the lot is interfered with; or - (b) use or enjoy that lot, or permit that lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is a proprietor or not); or - (c) use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is a proprietor or not) or by any other person entitled to the use and enjoyment of the common property. - (i) any support or shelter provided by that lot for another lot or common property is interfered with; or - (ii) the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services (including telephone, radio and television services) through or by means of any pipes, poles, wires, cables or ducts for the time being in or upon the lot is interfered with; or