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s 35

Easements given by this Act

In force
Part 4Registration of units plans
Division 4.2Easements

35 Easements given by this Act

(1)

On and after the registration of a units plan, the owner of an estate (a benefited estate) has against the owner of another estate (the burdened estate) any unit title easement rights that are necessary for the reasonable use and enjoyment of the benefited estate.

(2)

A unit title easement right under this section is an easement annexed to the benefited estate.

(3)

An easement given by this section exists even if the same person is the owner of both the benefited and burdened estates.

(4)

A person carrying out work in the exercise of a unit title easement right under this section must make good any damage done in carrying out the work.

Note Estate is defined in the dictionary as a unit or common property (in this context).

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