Easements

Generally easements may be created as required by a section 88B instrument and are defined in the same manner as a regular strata plan.

Easements for Subjacent and Lateral Support and Shelter

Section 106 Strata Schemes Development Act 2015 provides for the creation of easements for subjacent and lateral support and for shelter. The easements are created automatically by the registration of a relevant plan affecting and appurtenant to the relevant parcels in the building. LPI enters the following notification in the register for these plans:

EASEMENT FOR SUBJACENT AND LATERAL SUPPORT AND EASEMENT FOR SHELTER IMPLIED BY SECTION 106 STRATA SCHEMES DEVELOPMENT ACT 2015

Existing Building Management Statement and Easements under the Conveyancing Act

If the strata plan affects land which is subject to a Building Management Statement, the title will include the following easement notification:

EASEMENT FOR SUBJACENT AND LATERAL SUPPORT AND EASEMENT FOR SHELTER IMPLIED BY SECTION 196K CONVEYANCING ACT 1919

Upon registration of the strata plan, the easement notification referring to section 196K Conveyancing Act 1919 will be removed and replaced with the notification referring to s.106 Strata Schemes Development Act 2015

Right of Vehicular Access, Right of Personal and Easements for Services

Schedule 5 Strata Schemes Development Act 2015 provides terms for Right of Vehicular Access, Right of Personal Access and Easements for Services. These easements may be created by their provision in a section 88B instrument. Section 107(7) Strata Schemes Development Act 2015 provides that the site of an easement created for a specific service need not to be shown on the plan. The section 88B instrument should indicate that the easement for service affects the whole of the lot. The schedule indicates responsibilities relative to maintenance and repair and the proportion of liability of the cost of maintaining the easement in good order.

The terms, as mentioned above, of these easements may be varied by lodgment of a variation of easement under the Real Property Act 1900. The request must be executed by every person having an estate or interest in the land burdened and benefited by the easement.