36Easements declared by owners corporations

36 Easements declared by owners corporations (1) An owners corporation may, by ordinary resolution, with the consent of the owners of each affected estate, declare that the owner of an estate (a benefited estate) has against the owner of another estate (the burdened estate) any unit title easement rights that are necessary for the reasonable support and maintenance of an encroachment of a kind (2) A unit title easement right declared by an owners corporation under this section is an easement annexed to the benefited estate. (3) An easement declared by an owners corporation under this section exists even if the same person is the owner of both the benefited and burdened estates. (4) A person carrying out work in the exercise of a unit title easement right under this section must make good any damage done in carrying out the work. (5) An easement declared by an owners corporation under this section may only be revoked— (a) by special resolution of the owners corporation; and (b) with the consent of the owners of each affected estate.