New South Wales Consolidated Acts

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CONVEYANCING ACT 1919 - SECT 196K

Certain easements implied on registration of building management statement

196K Certain easements implied on registration of building management statement

(1) On registration under this Division of a building management statement for a building and its site there is implied (despite section 88)--
(a) as appurtenant to each of the lots that includes a part of the building, an easement for the subjacent and lateral support of that part by such other parts of the building as are capable of affording support, and
(b) as affecting each of the lots that includes a part of the building, an easement for the subjacent and lateral support of such other parts of the building as are capable of enjoying support from that part, and
(c) as appurtenant to each of the lots that includes a part of the building, an easement for the shelter of that part by all such other parts of the building as are capable of affording shelter, and
(d) as affecting each of the lots that includes a part of the building, an easement for the shelter of such other parts of the building as are capable of being sheltered by that part.
(2) All ancillary rights and obligations reasonably necessary to make easements effective apply in respect of an easement created by this section.
(3) An easement for support or shelter created by this section entitles the owner of any lot benefited by the easement to enter the lot burdened by the easement to replace, renew or restore any support or shelter.
(4) The Registrar-General must make in the Register such recordings in respect of the easements as the Registrar-General considers appropriate.



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