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Unit Titles Act 2001
34Unit title easement rights
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34 Unit title easement rights
This division applies to the following rights (unit title easement
rights) that the owner of a benefited estate may have against the
owner of a burdened estate:
(a) rights of support, shelter and protection (including rights for
shelter provided by encroaching eaves, awnings or similar
structures)—
(i) provided by the burdened estate at the time of the
registration of the units plan, or at the time of the latest
amendment (if any) of the plan after its registration; and
(ii) that will be provided by the burdened estate on compliance
by its owner with a building and development provision
(if any) in the lease of the burdened estate;
(b) rights to utility services, and to their provision by any reasonable
form of utility conduit (including rights for the collection,
passage and drainage of rainwater by encroaching eaves, gutters,
downpipes or similar structures);
(c) all ancillary rights necessary to make the rights mentioned in
paragraphs (a) and (b) effective, including a right of entry by the
owner of the benefited estate at all reasonable times on the
burdened estate for the inspection and maintenance of—
(i) any building on the estate; and
(ii) facilities for any utility service on the estate; and
(iii) any utility conduit on the estate.