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].