Australian Capital Territory Consolidated Acts

UNIT TITLES ACT 2001 - SECT 37A

    (1)     This section applies if—

        (a)     a units plan is registered for a parcel; and

        (b)     the plan shows an encroachment on a public place by an attachment to a building on the parcel.

Note     Attachment and encroachment —see the dictionary.

    (2)     This Act and the Land Titles (Unit Titles) Act 1970 , other than the provisions relating to ownership of interests and certificates of title, apply to the encroachment—

        (a)     if the units plan shows the encroachment is for use with a unit—as if it were part of the unit; and

        (b)     in any other case—as if it were common property.

Note     The Land Titles (Unit Titles) Act 1970 , s 4 (1) provides that it is incorporated with and must be read as one with the Land Titles Act 1925 .