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s 26ZS

Easements created by this Act

In force
Part IVCBuilding development
Division 4Effect of registration of building development plan

26ZS Easements created by this Act

(1)

In this section:

proprietor, in relation to the common property, means the corporation.

tenement means a building lot, unit or the common property, as the case may be.

(2) On the registration of the building development plan, the proprietor of each tenement (the dominant tenement) is taken to have over each other tenement (the servient tenement) those rights specified in subsection (3) that are necessary for the reasonable use and enjoyment of the dominant tenement.

(3)

The rights referred to in subsection (2) are:

(a) rights of support, shelter and protection afforded by the servient tenement at the time of the registration of the building development plan;

(b) rights for the collection, passage and provision of water, sewerage, drainage, garbage, gas, electricity and air, and other services of whatsoever nature (including telephone, radio and television services), through or by means of pipes, wires, cables, ducts, or other reasonable means; and

(c) any other ancillary rights that are necessary to make the rights referred to in paragraphs (a) and (b) effective, including rights of entry by the proprietor of the dominant tenement and his or her agents, servants and workmen at all reasonable times on the servient tenement for the purpose of:

(i)

inspecting, maintaining or repairing the servient tenement; or

(ii) inspecting, maintaining, repairing, replacing, renewing or restoring any pipes, wire, cable, duct or other material.

(4) A right created by this section is to be taken to be an easement appurtenant to the dominant tenement in relation to which it is enjoyed.

(5) An easement created by this section subsists despite that the same person is the proprietor of both the dominant and servient tenements.

(6) A person exercising a right under an easement created by subsection (3)(b) or (c) is liable to make good any damage done in the course of exercising the right.

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