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COMMUNITY TITLE ACT 2001 - SECT 70 Easements for support

COMMUNITY TITLE ACT 2001 - SECT 70

Easements for support

    (1)     An easement for lateral or subjacent support exists for a lot included in a community title scheme against another lot included in the scheme that can supply lateral or subjacent support.

    (2)     An easement for support under subsection (1)—

        (a)     entitles the owner of a lot ( lot X ) to enter a lot supplying support to lot X under the easement to maintain or replace any support; and

        (b)     entitles the body corporate to enter a lot supplying support to a lot that is common property under the easement to maintain or replace any support.

    (3)     An easement for support under subsection (1) continues until the scheme no longer exists.