sec.115Implied easements

sec.115 Implied easements

Unless an easement is created for a particular service, there is implied— as belonging to any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of the lots or common property; and as affecting any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of lots or common property. Unless an easement is created for support and shelter, there is implied— as belonging to any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the subjacent and lateral support by other buildings or structures or parts of buildings or structures that are capable of giving support; and as affecting any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the subjacent and lateral support of other buildings or structures or parts of buildings or structures that are capable of being supported; and as belonging to any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for shelter by other buildings or structures or parts of buildings or structures that are capable of giving shelter; and as affecting any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the shelter of other buildings or structures or parts of buildings or structures that are capable of being sheltered. The easement for support and shelter implied by subsection (1A) entitles the proprietor of the dominant tenement to enter the servient tenement to maintain or replace any support or shelter. Subsections (1) and (1A) do not affect— easements belonging to and affecting lots in a plan created under the Building Units and Group Titles Act 1980 ; or easements belonging to and affecting stratum lots in a stratum plan under part 6 . If a multiple occupancy building is situated on 2 or more group title lots, the proprietor of a lot on which there is situated a part of the building that is intended for separate occupation is entitled to the right conferred by subsection (4) . In relation to any roofs, eaves, gutters, downpipes or foundations (the building parts ) situated (wholly or partly) over, on or under any adjoining lot, the proprietor is entitled to any shelter, drainage or support capable of being provided by the building parts in relation to the proprietor’s lot. The right created by subsection (4) is an easement to which the adjoining lot is subject. The easement entitles the proprietor of the dominant tenement to enter the servient tenement and to maintain or replace any of the building parts. If a building is on the boundary of a lot or so close to the boundary of a lot that maintenance or replacement in relation to the building is not able to be carried out without entering an adjoining lot, the proprietor of the lot on which the building is situated is entitled to enter the adjoining lot to carry out the maintenance or replacement. The right created by subsection (7) is an easement to which the adjoining lot is subject. The easement entitles the proprietor of the dominant tenement— to enter the servient tenement; and to maintain or replace any part of the proprietor’s building. An easement under this section must not be exercised by a proprietor in a way that unreasonably prevents another proprietor from enjoying the use and occupation of the other proprietor’s lot or the common property. s 115 amd 1993 No. 80 s 6 (sec.115-ssec.1) Unless an easement is created for a particular service, there is implied— as belonging to any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of the lots or common property; and as affecting any lot or common property within the site—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the site to the extent to which the service is capable of being used in the enjoyment of lots or common property. (sec.115-ssec.1A) Unless an easement is created for support and shelter, there is implied— as belonging to any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the subjacent and lateral support by other buildings or structures or parts of buildings or structures that are capable of giving support; and as affecting any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the subjacent and lateral support of other buildings or structures or parts of buildings or structures that are capable of being supported; and as belonging to any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for shelter by other buildings or structures or parts of buildings or structures that are capable of giving shelter; and as affecting any lot or common property within the site on which a building or structure is wholly or partly situated—an easement for the shelter of other buildings or structures or parts of buildings or structures that are capable of being sheltered. (sec.115-ssec.1B) The easement for support and shelter implied by subsection (1A) entitles the proprietor of the dominant tenement to enter the servient tenement to maintain or replace any support or shelter. (sec.115-ssec.2) Subsections (1) and (1A) do not affect— easements belonging to and affecting lots in a plan created under the Building Units and Group Titles Act 1980 ; or easements belonging to and affecting stratum lots in a stratum plan under part 6 . (sec.115-ssec.3) If a multiple occupancy building is situated on 2 or more group title lots, the proprietor of a lot on which there is situated a part of the building that is intended for separate occupation is entitled to the right conferred by subsection (4) . (sec.115-ssec.4) In relation to any roofs, eaves, gutters, downpipes or foundations (the building parts ) situated (wholly or partly) over, on or under any adjoining lot, the proprietor is entitled to any shelter, drainage or support capable of being provided by the building parts in relation to the proprietor’s lot. (sec.115-ssec.5) The right created by subsection (4) is an easement to which the adjoining lot is subject. (sec.115-ssec.6) The easement entitles the proprietor of the dominant tenement to enter the servient tenement and to maintain or replace any of the building parts. (sec.115-ssec.7) If a building is on the boundary of a lot or so close to the boundary of a lot that maintenance or replacement in relation to the building is not able to be carried out without entering an adjoining lot, the proprietor of the lot on which the building is situated is entitled to enter the adjoining lot to carry out the maintenance or replacement. (sec.115-ssec.8) The right created by subsection (7) is an easement to which the adjoining lot is subject. (sec.115-ssec.9) The easement entitles the proprietor of the dominant tenement— to enter the servient tenement; and to maintain or replace any part of the proprietor’s building. (sec.115-ssec.10) An easement under this section must not be exercised by a proprietor in a way that unreasonably prevents another proprietor from enjoying the use and occupation of the other proprietor’s lot or the common property.