sec.126Support and shelter for certain stratum lots

sec.126 Support and shelter for certain stratum lots

There is implied in a stratum plan— as belonging to the stratum lots comprised in the stratum plan on which a building is situated—an easement for the subjacent and lateral support by other parts of the building that are capable of affording support; and as affecting the stratum lots—an easement for the subjacent and lateral support of other parts of the building that are capable of enjoying support; and as belonging to the stratum lots—an easement for their shelter by other parts of the building that are capable of affording shelter; and as affecting the stratum lots—an easement for the shelter of other parts of the building that are capable of being sheltered by the stratum lots. The easement for support and shelter implied by subsection (1) — entitles the proprietor of the dominant tenement to enter the servient tenement to maintain or replace any support or shelter; and subsists until the stratum plan is extinguished or the easement is otherwise surrendered. This section does not affect an implied easement belonging to and affecting the lots in a building units plan created under the Building Units and Group Titles Act 1980 . A management statement may exclude or modify this section expressly or by implication. (sec.126-ssec.1) There is implied in a stratum plan— as belonging to the stratum lots comprised in the stratum plan on which a building is situated—an easement for the subjacent and lateral support by other parts of the building that are capable of affording support; and as affecting the stratum lots—an easement for the subjacent and lateral support of other parts of the building that are capable of enjoying support; and as belonging to the stratum lots—an easement for their shelter by other parts of the building that are capable of affording shelter; and as affecting the stratum lots—an easement for the shelter of other parts of the building that are capable of being sheltered by the stratum lots. (sec.126-ssec.2) The easement for support and shelter implied by subsection (1) — entitles the proprietor of the dominant tenement to enter the servient tenement to maintain or replace any support or shelter; and subsists until the stratum plan is extinguished or the easement is otherwise surrendered. (sec.126-ssec.3) This section does not affect an implied easement belonging to and affecting the lots in a building units plan created under the Building Units and Group Titles Act 1980 . (sec.126-ssec.4) A management statement may exclude or modify this section expressly or by implication.

• (a) as belonging to the stratum lots comprised in the stratum plan on which a building is situated—an easement for the subjacent and lateral support by other parts of the building that are capable of affording support; and
• (b) as affecting the stratum lots—an easement for the subjacent and lateral support of other parts of the building that are capable of enjoying support; and