sec.44Services for certain stratum lots

### sec.44 Services for certain stratum lots In this section— drainage includes the product of rain, storm, soakage, a spring or seepage. service means— a service in relation to water, sewage, drainage, gas, electricity, oil, garbage or conditioned air; or a service in relation to television, telephone or another means of telecommunication; or any other prescribed service. Without affecting the easements appurtenant to and affecting lots in a leasehold building units plan created under schedule 4 , sections 17 and 17A , unless an easement is created for a particular service or services, 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 the passage or supply of the service or services through or by means of pipes, poles, wires, cables or ducts to be laid down or erected that are for the time being existing in or over the building to the extent to which the service or services are capable of being used in the enjoyment of the stratum lots; and as affecting the stratum lots, an easement for the passage or supply of the service or services through or by means of pipes, poles, wires, cables or ducts to be laid down or erected that are for the time being existing in or over the building to the extent to which the services are capable of being used in the enjoyment of the stratum lots. Easements conferred by this section must not be exercised unreasonably by an owner of a stratum lot in such a way as to prevent the owner of another stratum lot from reasonably enjoying the use and occupation of the other owner’s stratum lot. s 44 ins 1991 No. 67 s 18 (sec.44-ssec.1) In this section— drainage includes the product of rain, storm, soakage, a spring or seepage. service means— a service in relation to water, sewage, drainage, gas, electricity, oil, garbage or conditioned air; or a service in relation to television, telephone or another means of telecommunication; or any other prescribed service. (sec.44-ssec.2) Without affecting the easements appurtenant to and affecting lots in a leasehold building units plan created under schedule 4 , sections 17 and 17A , unless an easement is created for a particular service or services, 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 the passage or supply of the service or services through or by means of pipes, poles, wires, cables or ducts to be laid down or erected that are for the time being existing in or over the building to the extent to which the service or services are capable of being used in the enjoyment of the stratum lots; and as affecting the stratum lots, an easement for the passage or supply of the service or services through or by means of pipes, poles, wires, cables or ducts to be laid down or erected that are for the time being existing in or over the building to the extent to which the services are capable of being used in the enjoyment of the stratum lots. (sec.44-ssec.3) Easements conferred by this section must not be exercised unreasonably by an owner of a stratum lot in such a way as to prevent the owner of another stratum lot from reasonably enjoying the use and occupation of the other owner’s stratum lot. - (a) a service in relation to water, sewage, drainage, gas, electricity, oil, garbage or conditioned air; or - (b) a service in relation to television, telephone or another means of telecommunication; or - (c) any other prescribed service. - (a) as appurtenant to the stratum lots comprised in the stratum plan on which a building is situated, an easement for the passage or supply of the service or services through or by means of pipes, poles, wires, cables or ducts to be laid down or erected that are for the time being existing in or over the building to the extent to which the service or services are capable of being used in the enjoyment of the stratum lots; and - (b) as affecting the stratum lots, an easement for the passage or supply of the service or services through or by means of pipes, poles, wires, cables or ducts to be laid down or erected that are for the time being existing in or over the building to the extent to which the services are capable of being used in the enjoyment of the stratum lots.