New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 8AA

8AA Effect of registration of a strata plan creating a stratum parcel

(1) On registration of a plan as a strata plan that creates a stratum parcel, there is implied (despite section 88 of the Conveyancing Act 1919 ):

(a) as appurtenant to the lots and common property (if any) comprising that stratum parcel, being lots and common property which are situated within a building, an easement for their subjacent and lateral support by such other parts of the building as are capable of affording support, and

(b) as affecting those lots and that common property, an easement for the subjacent and lateral support of such other parts of the building as are capable of enjoying support, and

(c) as appurtenant to those lots and that common property, an easement for their shelter by all such other parts of the building as are capable of affording shelter, and

(d) as affecting those lots and that common property, an easement for the shelter of such other parts of the building as are capable of being sheltered by those lots and that common property.

(2) All ancillary rights and obligations reasonably necessary to make easements effective apply in respect of an easement created by this section.

(3) An easement for support or shelter created by this section:

(a) entitles the owner of the dominant tenement to enter the servient tenement to replace, renew or restore any support or shelter, and

(b) subsists until the easement is extinguished.

(4) The Registrar-General must make in the Register such recordings in respect of the easements as the Registrar-General considers appropriate.