34Creation of statutory easement

34 Creation of statutory easement

34 Creation of statutory easement

(1) A statutory easement is created within a scheme when a prescribed diagram showing the position of the service line is registered as part of the management statement for the scheme.

(2) On the creation within a scheme of a statutory easement for a service line—

(a) the easement is appurtenant to each lot in the scheme to which a service is provided using the service line, and

(b) land within the scheme in which the service line is located is subject to the easement to the extent the lot is affected by the service line.