New South Wales Consolidated Acts

STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - SECT 8

8 Effect of registration of a strata plan

(1) On registration of a plan as a strata plan:

(a) where, immediately before registration of the plan, the whole of the parcel was subject to a lease or leases registered under the Real Property Act 1900 which was or were intended to be wholly or partly replaced by leases of each of the lots and the common property (if any) shown on the plan:

(i) the lease or leases first referred to in this paragraph is or are determined in so far as it or they related to lots and common property,

(ii) any estate or interest (including any rates, taxes, charges or fees referred to in Division 6 of Part 4) and any caveat which affected the lease or leases wholly or partly determined by subparagraph (i) shall affect those replacement leases in so far as they relate to lots, and

(iii) all outstanding rights and obligations of the lessee under a lease wholly or partly determined by subparagraph (i), being rights and obligations existing immediately before the registration of the plan shall continue to be exercisable or, as the case may be, shall be discharged by the person who was the lessee under that lease as if that lease had not been wholly or partly determined, except to the extent, if any, that those rights and obligations are inconsistent with the provisions of the replacement leases or extinguished or varied by the relevant parties,

(b) where, immediately before registration of the plan, the parcel was subject to two or more leases registered under the Real Property Act 1900 which were intended to subsist after the plan was registered as leases of each of the lots shown on the plan:

(i) every lease which was, immediately before the registration of the plan, a lease of a part of the parcel that corresponds to a lot shown on the plan shall become a lease of that lot for the residue of the term of the lease, subject to any estate or interest (including any rates, taxes, charges or fees referred to in Division 6 of Part 4) and any caveat affecting the lease immediately before registration of the plan, and

(ii) where any part of the parcel comprised in the plan is shown as common property, any lease affecting that part immediately before the registration of the plan is determined in so far as it relates to the common property,

(c) notwithstanding section 88 of the Conveyancing Act 1919 , if a stratum parcel is created there shall be implied:

(i) 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,

(ii) 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,

(iii) 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

(iv) 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,

(d) all ancillary rights and obligations reasonably necessary to make easements effective shall apply in respect of an easement created by paragraph (c),

(e) an easement for support or shelter created by paragraph (c):

(i) shall entitle the owner of the dominant tenement to enter upon the servient tenement to replace, renew or restore any support or shelter, and

(ii) shall subsist until the easement is released, and

(f) the Registrar-General shall make in the Register such recordings in respect of the easements as the Registrar-General considers appropriate.

(2) As soon as practicable after the registration of a plan as a strata plan, the Registrar-General shall:

(a) create folios of the Register for:

(i) the leasehold estates of the lessees in lots, and

(ii) the leasehold estate of the body corporate in the common property (if any), and

(b) in the case of replacement leases referred to in subsection (1) (a)-record in the folios for the leases of those lots, in such a manner as will preserve their priority of registration, any mortgages, charges, covenant charges, writs or caveats affecting those leases by virtue of subsection (1) (a) (ii).

(3) For the purposes of this section, a strata plan lodged for registration under this Act which is required to be accompanied by a lease to be registered under the Real Property Act 1900 shall be treated as having been registered only when the lease has been registered under that Act.

(4) If a leasehold strata scheme for a stratum parcel becomes a strata scheme within the meaning of the Strata Schemes (Freehold Development) Act 1973 , the easements implied by subsection (1) (c) in respect of the former parcel shall be implied in respect of the parcel to which the strata scheme relates as if the references to lots and common property in subsection (1) (c) (i)-(iv) were references to the lots and common property the subject of that strata scheme.