sec.128Right of way

sec.128 Right of way

There is implied in a stratum plan— as belonging to the stratum lots comprised in the stratum plan on which a building is situated—easements of right of way sufficient to allow the proprietor to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using stairs, escalators, lifts, ramps, passages, corridors, pathways or roadways; and as affecting the stratum lots—easements of right of way sufficient to allow other proprietors to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using stairs, escalators, lifts, ramps, passages, corridors, pathways or roadways; and as belonging to the stratum lots—easements of right of way sufficient to allow vehicles of the proprietor to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using roadways or ramps; and as affecting the stratum lots—easements of right of way sufficient to allow the vehicles of other proprietors to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using roadways or ramps. Subsection (1) 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. In this section— proprietor includes the proprietor’s employees, agents, lessees, invitees and licensees. (sec.128-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—easements of right of way sufficient to allow the proprietor to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using stairs, escalators, lifts, ramps, passages, corridors, pathways or roadways; and as affecting the stratum lots—easements of right of way sufficient to allow other proprietors to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using stairs, escalators, lifts, ramps, passages, corridors, pathways or roadways; and as belonging to the stratum lots—easements of right of way sufficient to allow vehicles of the proprietor to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using roadways or ramps; and as affecting the stratum lots—easements of right of way sufficient to allow the vehicles of other proprietors to pass to and from other stratum lots to and from— any dedicated road; or the community property; or any precinct property; by using roadways or ramps. (sec.128-ssec.2) Subsection (1) 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.128-ssec.3) A management statement may exclude or modify this section expressly or by implication. (sec.128-ssec.4) In this section— proprietor includes the proprietor’s employees, agents, lessees, invitees and licensees.