75BDestruction of upper chambers

### 75B Destruction of upper chambers > *\[Section 75B Inserted by No. 72 of 1962, s. 5 \]* > > > (1)  [*\[Section 75B Subsection (1) substituted by No. 10 of 2000, s. 6, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS6@Hpa@EN) Subject to this section, where a chamber is owned by a person other than the owner of the underlying soil and – > > > > > > (a) the building containing that chamber; or > > > > > > > (b) a building comprised in a building title plan registered under [section 75CE](#GS75CE@EN)  – > > > > is destroyed, there is a continuance of the estate of the owner of the chamber, or the owner of a building of a kind mentioned in [paragraph (b)](#GS75B@Gs1@Hpb@EN) . > > > (2)  [*\[Section 75B Subsection (2) amended by No. 10 of 2000, s. 6, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS6@Hpb@EN) Where a building of a kind mentioned in [subsection (1)](#GS75B@Gs1@EN) is destroyed and the owners of the several parts of the building, including an owner of the underlying land who does not own a part of the building, do not agree on rebuilding, a court of equity may deal with them on the following principles: > > > > > > (a) The building should be rebuilt, if it is reasonably possible, in the former or some other reasonable manner; > > > > > > > (b) No owner should by his inaction deprive other owners of the benefit of their rights; and > > > > > > > (c) The public interest requires that if the building is not to be rebuilt the land should become available for use unencumbered by rights to unoccupiable space. > > > (3)  Without prejudice to the breadth of the jurisdiction conferred by [subsection (2)](#GS75B@Gs2@EN) , in an action based on that subsection, the Court may, amongst other things – > > > > > > (a) to get the building rebuilt – > > > > > > > > > > (i) settle the plans and specifications; > > > > > > > > > > > (ii) give the carrying out of the rebuilding to one of the parties; > > > > > > > > > > > (iii) authorize the borrowing of money and charge the several parts of the building with repayment; > > > > > > > > > > > (iv) make a party elect between taking his part in the rebuilding and selling his interest; and > > > > > > > > > > > (v) where the building is to be rebuilt in a different manner from before, vary the rights of the parties *inter se* with pecuniary adjustment where equitable; and > > > > > > > (b) where the building is not to be rebuilt – > > > > > > > > > > (i) order a sale of all interests in it or any one or more of them; > > > > > > > > > > > (ii) vest the land in the parties or some of them as tenants in common; or > > > > > > > > > > > (iii) divide the surface between the parties. > > > (4)  For the purposes of this section a building shall be deemed to be destroyed if through fire, earthquake, tempest, explosion, collapse, neglect, or other cause, it has become unusable wholly or in part. > > > (5)  Where a space above the surface of land – > > > > > > (a) is owned by a person who does not own the surface; and > > > > > > > (b) has been unoccupied for 12 years – > > > > it shall be deemed to have been occupied during that time and to be occupied thereafter by the occupier of the surface, to the intent that the rights of the owner of the space shall be barred as provided in the Acts for the limitation of actions. > > > (6)  *\[Section 75B Subsection (6) amended by No. 19 of 1980, s. 171 and Sched. 1 \]*For the purposes of [subsection (5)](#GS75B@Gs5@EN) – > > > > > > (a) no regard shall be had to a folio of the Register in respect of the space while it remained unoccupied; and > > > > > > > (b) an action based on [subsection (2)](#GS75B@Gs2@EN) to which the owner of the space is a party shall be deemed to be an action to recover possession of the space brought by him.