sec.28AERights and liabilities relating to benefited land and burdened land

### sec.28AE Rights and liabilities relating to benefited land and burdened land An easement for lateral, subjacent or superjacent support exists in favour of land (the benefited land ) against other land (the burdened land ) if the burdened land is capable of supplying lateral, subjacent or superjacent support to the benefited land. The easement entitles the owner of the benefited land to enter the burdened land, other than a part of the land where a person resides, for the easement— to inspect the burdened land for the purpose of preventing or rectifying any infringement of the rights of the owner of the benefited land; and to maintain, change or replace all or part of a structure providing support. An owner of the burdened land— must do all things necessary to ensure that support for the benefited land by the burdened land is maintained; and must not, without the written consent of the owner of the benefited land— remove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a) ; or change, or allow another person to change, support for the benefited land, other than as required under paragraph (a) ; or do, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a) . If the owner of the burdened land does not comply with subsection (3) (a) or (b) , the owner of the benefited land may recover the cost of maintaining or replacing any support from the owner of the benefited land as a debt payable to the owner of the benefited land. In a proceeding, subsection (3) is to be read in favour of the owner of the benefited land. s 28AE ins 2014 No. 43 s 113 (sec.28AE-ssec.1) An easement for lateral, subjacent or superjacent support exists in favour of land (the benefited land ) against other land (the burdened land ) if the burdened land is capable of supplying lateral, subjacent or superjacent support to the benefited land. (sec.28AE-ssec.2) The easement entitles the owner of the benefited land to enter the burdened land, other than a part of the land where a person resides, for the easement— to inspect the burdened land for the purpose of preventing or rectifying any infringement of the rights of the owner of the benefited land; and to maintain, change or replace all or part of a structure providing support. (sec.28AE-ssec.3) An owner of the burdened land— must do all things necessary to ensure that support for the benefited land by the burdened land is maintained; and must not, without the written consent of the owner of the benefited land— remove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a) ; or change, or allow another person to change, support for the benefited land, other than as required under paragraph (a) ; or do, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a) . (sec.28AE-ssec.4) If the owner of the burdened land does not comply with subsection (3) (a) or (b) , the owner of the benefited land may recover the cost of maintaining or replacing any support from the owner of the benefited land as a debt payable to the owner of the benefited land. (sec.28AE-ssec.5) In a proceeding, subsection (3) is to be read in favour of the owner of the benefited land. - (a) to inspect the burdened land for the purpose of preventing or rectifying any infringement of the rights of the owner of the benefited land; and - (b) to maintain, change or replace all or part of a structure providing support. - (a) must do all things necessary to ensure that support for the benefited land by the burdened land is maintained; and - (b) must not, without the written consent of the owner of the benefited land— (i) remove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a) ; or (ii) change, or allow another person to change, support for the benefited land, other than as required under paragraph (a) ; or (iii) do, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a) . - (i) remove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a) ; or - (ii) change, or allow another person to change, support for the benefited land, other than as required under paragraph (a) ; or - (iii) do, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a) . - (i) remove, or allow another person to remove, support for the benefited land, other than as required under paragraph (a) ; or - (ii) change, or allow another person to change, support for the benefited land, other than as required under paragraph (a) ; or - (iii) do, or allow another person to do, anything that interferes with, or otherwise compromises, support for or the structural integrity of the benefited land, other than as required under paragraph (a) .