Riverbank Act 1997

Statutory rights of support exist between the relevant sites so far as the support may be necessary for—

buildings and structures existing as at the commencement of this section; and

buildings and structures lawfully erected, or to be erected, after the commencement of this section; and

buildings and structures (whether existing at the commencement of this section or erected later) lawfully modified, or to be modified, after the commencement of this section.

The rights of support exist in favour of the occupiers of a dominant site and are enforceable against the owner and occupiers of a servient site.

The Supreme Court may make orders (including an order in the nature of a mandatory injunction) for the enforcement of rights under this section.

For example, the occupier of a servient site may be required to permit the construction or installation on the site of appropriate foundations or structural supports to enable the construction or reinstatement of a building or structure on a dominant site.

The Supreme Court may make an order under this section—

on application by the occupier of a dominant site; or

on application by the Corporation in its own right as the occupier of the common area or on behalf of the occupier of a subsidiary site.

In this section—

for the common area—the Corporation;

for a subsidiary site—the stakeholder or a person who derives rights of occupation from the stakeholder under a sub-lease or a series of subleases;

a subsidiary site (including all buildings and structures on the subsidiary site); or

the common area (including all buildings and structures on the common area);