COMMUNITY TITLE ACT 2001 - SECT 75 Exercise of rights under easement

COMMUNITY TITLE ACT 2001 - SECT 75

    (1)     Rights under an easement under this part must not be exercised in a way that unreasonably prevents or interferes with the use and enjoyment of a lot.

    (2)     If an easement under this part entitles a lot owner to enter another lot to carry out work, the owner—

        (a)     must give reasonable written notice—

              (i)     if the other lot is not common property—to the other lot's owner (and, additionally, if the owner is not the occupier, the other lot's occupier) before entering the lot to carry out the work; or

              (ii)     if the other lot is common property—to the body corporate before entering the common property to carry out the work; and

        (b)     must comply with the security or other arrangements or requirements ordinarily applying for people entering the lot.

    (3)     If an easement under this part entitles the body corporate to enter a lot to carry out work, the body corporate must give reasonable notice to the lot owner before entering the lot to carry out work.

    (4)     Subsections (2) and (3) do not apply if the need for the work to be carried out is an emergency.