88BBCreation of cross-easements for party walls by plans

#### 88BB Creation of cross-easements for party walls by plans 88BB Creation of cross-easements for party walls by plans > > (1) A plan lodged for registration or recording under Division 3 of Part 23 after the commencement of this section is, for the purposes of section 88B(2)(c), taken to be intended to create cross-easements if— > > > > > (a) a boundary of a lot is shown in the plan as passing longitudinally through the whole or any part of a wall, and > > > > > (b) the wall is described in the plan as a “party wall”. > > > (2) The benefit of such an easement is appurtenant to each lot shown in the plan as consisting of or including a portion of the wall. > > > (3) Each lot shown in the plan as consisting of or including another portion of the wall is subject to the burden of the easement. > > > (4) The easement entitles each person for the time being having the benefit of the easement to the continued existence of each portion of the wall— > > > > > (a) that is necessary for the support of so much of the building as is contained within the lot to which the easement is appurtenant, and > > > > > (b) that consists of or is included within another lot which is subject to the burden of the easement. > > **s 88BB:** Ins 1995 No 71, Sch 1 \[6\].