Australian Capital Territory Current Acts

LAND TITLES ACT 1925 - SECT 123D

    (1)     A person may apply to the registrar-general for registration of a building management statement or an amendment of a registered building management statement for a relevant building.

    (2)     The registrar-general may only register a building management statement, or an amendment to the statement, if the statement or the amendment is approved by the territory planning authority under section 123I.

    (3)     If the registrar-general registers a building management statement, the registrar-general must register the statement, and any amendment to the statement, for each Crown lease to which the statement applies.

    (4)     On registration of the building management statement for 2 or more Crown leases, the lessee under a lease (a benefited lease ) has against the lessee under another lease (the burdened lease ) the following easement rights that are necessary for the reasonable use and enjoyment of the benefited lease:

        (a)     rights of support, shelter and protection (including rights for shelter provided by encroaching eaves, awnings or similar structures)—

              (i)     provided by the burdened lease at the time of the registration of the building management statement, or at the time of the latest amendment (if any) of the building management statement after its registration; and

              (ii)     that will be provided by the burdened lease if the lessee complies with any building and development provision in the burdened lease;

        (b)     rights to utility services, and to their provision by any reasonable form of utility conduit (including rights for the collection, passage and drainage of rainwater by encroaching eaves, gutters, downpipes or similar structures);

        (c)     all ancillary rights necessary to make the rights mentioned in paragraphs (a) and (b) effective, including a right of entry by the lessee under the benefited lease at all reasonable times on the burdened lease for the inspection and maintenance of—

              (i)     any structure on the burdened lease; and

              (ii)     facilities for any utility service on the burdened lease; and

              (iii)     any utility conduit on the burdened lease.