QLDIn ForceAct
South Bank Corporation Act 1989
sec.15-oc.2Support and shelter
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### sec.15-oc.2 Support and shelter
In a leasehold building units plan there shall be implied—
as appurtenant to the lots and common property (if any) comprising that leasehold building units plan, being lots and common property which are situated within a building, an easement for their subjacent and lateral support by such other parts of the building as are capable of affording support; and
as affecting those lots and that common property, an easement for the subjacent and lateral support of such other parts of the building as are capable of enjoying support; and
as appurtenant to those lots and that common property, an easement for their shelter by all such other parts of the building as are capable of affording shelter; and
as affecting those lots and that common property, an easement for the shelter of such other parts of the building as are capable of being sheltered by those lots and that common property.
(new)
An easement for support or shelter created by subsection (1) shall—
entitle the owner and the lessee of the dominant tenement to enter upon the servient tenement to replace, renew or restore any support or shelter; and
subsist until the leasehold building units plan is terminated or the easement is otherwise released.
(new)
(sec.15-oc.2-ssec.1) In a leasehold building units plan there shall be implied— as appurtenant to the lots and common property (if any) comprising that leasehold building units plan, being lots and common property which are situated within a building, an easement for their subjacent and lateral support by such other parts of the building as are capable of affording support; and as affecting those lots and that common property, an easement for the subjacent and lateral support of such other parts of the building as are capable of enjoying support; and as appurtenant to those lots and that common property, an easement for their shelter by all such other parts of the building as are capable of affording shelter; and as affecting those lots and that common property, an easement for the shelter of such other parts of the building as are capable of being sheltered by those lots and that common property. (new)
(sec.15-oc.2-ssec.2) An easement for support or shelter created by subsection (1) shall— entitle the owner and the lessee of the dominant tenement to enter upon the servient tenement to replace, renew or restore any support or shelter; and subsist until the leasehold building units plan is terminated or the easement is otherwise released. (new)
- (a) as appurtenant to the lots and common property (if any) comprising that leasehold building units plan, being lots and common property which are situated within a building, an easement for their subjacent and lateral support by such other parts of the building as are capable of affording support; and
- (b) as affecting those lots and that common property, an easement for the subjacent and lateral support of such other parts of the building as are capable of enjoying support; and
- (c) as appurtenant to those lots and that common property, an easement for their shelter by all such other parts of the building as are capable of affording shelter; and
- (d) as affecting those lots and that common property, an easement for the shelter of such other parts of the building as are capable of being sheltered by those lots and that common property.
- (a) entitle the owner and the lessee of the dominant tenement to enter upon the servient tenement to replace, renew or restore any support or shelter; and
- (b) subsist until the leasehold building units plan is terminated or the easement is otherwise released.