STRATA TITLES ACT 1988 - SECT 17B
STRATA TITLES ACT 1988 - SECT 17B
17B—Creation of easements
(1) Where it appears
that land within a site is intended to be the dominant or servient tenement of
an easement created on the deposit or amendment of a strata plan, the
applicant for the deposit or amendment of the plan must lodge with the
Registrar-General an instrument, in a form approved by the
Registrar-General—
(a)
describing the land (if any) to which the easement will be appurtenant; and
(b)
describing the land that will be subject to the easement; and
(c)
setting out the terms of the easement.
(2) The instrument
referred to in subsection (1) must be executed by the registered
proprietor of the land that will be subject to the easement and—
(a)
where the easement will be appurtenant to land—the registered proprietor
of that land; or
(b)
where the easement will not be appurtenant to any land—the person who
will be entitled to exercise rights conferred by the easement.
(3) On the deposit or
amendment of the strata plan (as the case may be), the easement vests
in—
(a)
where the easement will be appurtenant to land—the registered proprietor
of that land; or
(b)
where the easement will not be appurtenant to any land—the person who
will be entitled to exercise rights conferred by the easement.