Land Title Act 1994

This section applies if a high-density development easement is created for shelter.

An easement exists in favour of 1 lot (the benefitted lot) against the other lot (the burdened lot) entitling the owner of the benefitted lot to have the lot sheltered by the parts of a building situated on the burdened lot that are necessary to supply the shelter.

The easement under subsection (2) entitles the owner of the benefitted lot to enter the burdened lot under the easement to maintain or replace the shelter.

The owner of the burdened lot—

must maintain the parts of the building that supply the shelter; and

must insure, to the extent practicable, any parts of the building that supply the shelter for—

the full replacement value of the structure; and

public risk; and

must not remove, change or otherwise interfere with any of the parts of the building that supply the shelter, other than as required under paragraph (a), without the written consent of the owner of the benefitted lot.