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s 51

Statutory easements

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Chapter 2Basic operation of a scheme
Part 2.3Key elements of a scheme
Division 3Scheme land
Subdivision 5Easements

51 Statutory easements

(1) An easement (statutory easement) exists for a lot (the

benefited lot) against another lot for the following purposes:

(a) an easement for establishing, maintaining and replacing a utility infrastructure located in the other lot;

(b) an easement for maintaining or replacing the lateral or subjacent support provided by the other lot to the benefited lot;

(c) an easement for maintaining and replacing a shelter provided by a scheme building in the other lot to a scheme building in the benefited lot;

(d) an easement for maintaining and replacing a part of a scheme building in the benefited lot (including, for example, eaves and guttering) that projects into the other lot;

(e) an easement for maintaining and replacing a part of a scheme building in the benefited lot that is at, or adjacent to, the boundary between the lots;

(f) an easement for the purposes prescribed by regulation.

(2) The owner of the benefited lot is entitled to enter the other lot for the purposes relating to the statutory easement as mentioned in subsection (1).

(3) A statutory easement continues until the scheme is terminated.

(4) A statutory easement has effect subject to an easement registered under the Land Title Act 2000.

Subdivision 6 Insurance of scheme land

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