Land Title Act 1994

This section applies if, under this division, the owner of a lot benefitted by a high-density development easement is entitled to enter the lot burdened by the easement to maintain or replace a structure, part of a structure or another thing.

Before exercising the right of entry, the owner of the benefitted lot must give the owner of the burdened lot reasonable notice in writing of the owner’s intention to enter the burdened lot and details of the maintenance or replacement to be carried out.

However, if the structure or other thing is damaged or destroyed and, in the circumstances, urgent maintenance or replacement is required and it is impractical to give a notice under subsection (2)—

the owner of the benefitted lot may exercise the right of entry without giving the notice to carry out the urgent maintenance or replacement; and

as soon as practicable after the entry, the owner of the benefitted lot must give the owner of the burdened lot written notice of the entry and details of the maintenance or replacement carried out.