Effect of registration of units plan with encroachment on public unleased land
37A Effect of registration of units plan with encroachment on public unleased land
This section applies if—
a units plan is registered for a parcel; and
the plan shows an encroachment on public unleased land by an attachment to a building on the parcel.
Note Attachment and encroachment—see the dictionary.
This Act, the Unit Titles (Management) Act 2011 and the Land Titles (Unit Titles) Act 1970, other than the provisions relating to ownership of interests and certificates of title, apply to the encroachment—
if the units plan shows the encroachment is for use with a unit—as if it were part of the unit; and
in any other case—as if it were common property.
Note The Land Titles (Unit Titles) Act 1970, s 4 (1) provides that it is incorporated with and must be read as one with the Land Titles Act 1925.
Part 10 Amendment of units plans
Division 10.1 Amendment of schedule of unit entitlement
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