Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 98

Easements arising from plan of subdivision

98. Easements arising from plan of subdivision

The proprietor of an allotment of land shown on an approved plan of
subdivision or a lot shown on a registered plan shall be entitled to the
benefit of the following easements which shall be and shall be deemed at all
times to have been appurtenant to the allotment or the lot, namely-

   (a)  all such easements of way and drainage and for party wall purposes and
        for the supply of water gas electricity sewerage and telephone and
        other services to the allotment or the lot on over or under the lands
        appropriated or set apart for those purposes respectively on the plan
        of subdivision as may be necessary for the reasonable enjoyment of the
        allotment or the lot and of any building or part of a building at any
        time thereon; and

   (b)  in the case of the subdivision of a building, all such additional
        easements of way drainage support and protection and for the supply of
        water gas electricity sewerage and telephone and other services to the
        allotment or the lot on or over the other allotments or other lots in
        the subdivision as may be necessary for the reasonable enjoyment of
        the allotment or the lot as part of that building or any building at
        any time situated on the land in the subdivision-

in all respects as if all such easements had been expressly granted.