MIXED USE DEVELOPMENT ACT 1993 - SECT 127 Services for certain stratum lots

MIXED USE DEVELOPMENT ACT 1993 - SECT 127

127 Services for certain stratum lots

(1) Unless an easement is created for a particular service, there is implied in a stratum plan—

(a) as belonging to the stratum lots comprised in the stratum plan on which a building is situated—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are already existing) in or over the building to the extent to which the service is capable of being used in the enjoyment of the stratum lots or common property; and

(b) as affecting the stratum lots—an easement for the passage or supply of the service through or by way of pipes, poles, wires, cables or ducts (to be laid down or erected or that are for the time being existing) in or over the building to the extent to which the service is capable of being used in the enjoyment of the stratum lots or common property.

(2) An easement under subsection (1) must not be exercised unreasonably by the proprietor of a stratum lot in a way that prevents the proprietor of another stratum lot from reasonably enjoying the use and occupation of the other proprietor’s stratum lot or common property.

(3) Subsection (2) does not affect an easement belonging to and affecting lots in a building units plan implied under the Building Units and Group Titles Act 1980 .