Community Titles Act 2018

An easement (a utility service easement) exists for the benefit and burden of each lot and the common property in a community scheme to the extent reasonably required for the provision of utility services to each lot and the common property.

A utility service easement entitles each community corporation, and each owner of a lot, in the community scheme —

to install and remove utility conduits; and

to examine, maintain, repair, modify and replace utility conduits.

The rights conferred by a utility service easement must be exercised so as to minimise, as far as reasonably practicable, interference with the use and enjoyment of lots and common property in the community scheme.

A community corporation must not interfere or permit interference with utility conduits or a utility service provided by means of utility conduits in a way that may prejudice the use or enjoyment of a lot or the common property, other than —

in the reasonable exercise of rights under a utility service easement of which it has the benefit; or

in the performance of its function of controlling and managing common property in its community titles scheme.

An owner or occupier of a lot must not, either within or outside the lot, interfere or permit interference with utility conduits or a utility service provided by means of utility conduits in a way that may prejudice the use or enjoyment of another lot or the common property in the community scheme, other than in the reasonable exercise of rights under a utility service easement.

A utility service easement has effect even if the lot benefited and the lot burdened have the same owner.

In any dispute about the location of utility conduits under a utility service easement, the objective must be to resolve the matter fairly taking into account the options that are reasonably available to give effect to the easement.

If, in the course of exercising rights under a utility service easement, the owner of a lot comes into possession of documents specifying the location of utility conduits or other information relating to utility conduits that ought reasonably to be kept by the community corporation, the owner of the lot must ensure that the documents are provided to the community corporation.

If, in the course of exercising rights under a utility service easement, the community corporation comes into possession of documents specifying the location of utility conduits or other information relating to utility conduits that ought reasonably to be kept by the community corporation, the community corporation must keep the documents.