sec.43Support and shelter for certain stratum lots

### sec.43 Support and shelter for certain stratum lots Without affecting the implied easements appurtenant to and affecting the lots in a leasehold building units plan created under schedule 4 , section 15 , there is implied in a stratum plan— as appurtenant to the stratum lots comprised in the stratum plan on which a building is situated, an easement for their 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 appurtenant 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 those stratum lots. An easement for support and shelter created by subsection (1) — entitles the registered owner of the dominant tenement to enter on the servient tenement to replace, renew or restore any support or shelter; and subsists until the stratum plan is cancelled or the easement is otherwise surrendered. s 43 ins 1991 No. 67 s 18 amd 1994 No. 11 s 194 sch 2 (sec.43-ssec.1) Without affecting the implied easements appurtenant to and affecting the lots in a leasehold building units plan created under schedule 4 , section 15 , there is implied in a stratum plan— as appurtenant to the stratum lots comprised in the stratum plan on which a building is situated, an easement for their 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 appurtenant 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 those stratum lots. (sec.43-ssec.2) An easement for support and shelter created by subsection (1) — entitles the registered owner of the dominant tenement to enter on the servient tenement to replace, renew or restore any support or shelter; and subsists until the stratum plan is cancelled or the easement is otherwise surrendered. - (a) as appurtenant to the stratum lots comprised in the stratum plan on which a building is situated, an easement for their 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 - (c) as appurtenant to the stratum lots, an easement for their shelter by other parts of the building that are capable of affording shelter; and - (d) as affecting the stratum lots, an easement for the shelter of other parts of the building that are capable of being sheltered by those stratum lots. - (a) entitles the registered owner of the dominant tenement to enter on the servient tenement to replace, renew or restore any support or shelter; and - (b) subsists until the stratum plan is cancelled or the easement is otherwise surrendered.