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] 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  –

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) .

(2)  [Section 75B Subsection (2) amended by No. 10 of 2000, s. 6, Applied:28 Apr 2000] Where a building of a kind mentioned in subsection (1) 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) , 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;