South Australian Current Acts South Australian Current Acts24—Easements for support, shelter, services and projections
(1) The following
easements exist between the lots and between the lots and common property, to
the extent required by the nature of the community scheme or by the nature of
the buildings or other improvements erected on, or made to, the
community parcel (whether before or after deposit of the
community plan)—
(a)
easements of support 1 and shelter;
(b)
easements for the establishment, maintenance and repair of the service
infrastructure;
(c)
easements for the provision of the following services by means of the
service infrastructure—
(i)
the supply of water, gas, electricity, heating oil or
air-conditioned air; and
(ii)
ventilation; and
(iii)
the transmission of telephonic, radio, computer and
television signals; and
(iv)
the removal of sewage and the drainage and water; and
(v)
the removal or disposal of garbage and waste; and
(vi)
the provision of any other similar service;
(d)
easements for the projection of window sills, windows, window awnings, eaves,
guttering and other minor parts of a building.
(2) An easement for
the support or shelter of a building or other improvement does not arise under
subsection (1) if the building or other improvement was erected or made
after the deposit of the community plan (or, in the case of a development lot,
after the division of the development lot by amendment of the community plan)
unless—
(a) the
building or other improvement is erected or made pursuant to a development
contract; or
(b) the
building or other improvement provides support or shelter for the building or
improvement from which it is to receive support or shelter.
(3) An easement for
projections only arises under subsection (1)(d) in respect of—
(a) a
building erected before the deposit of the community plan or, in the case of a
development lot, before the division of the development lot by amendment of
the community plan; or
(b) a
building erected pursuant to a development contract.
(4) The cables, wires,
pipes, sewers, drains, ducts, plant and equipment comprising the
service infrastructure will be located—
(a) in
the positions specified in the plan of community division; or
(b) if
no position has been specified—in the position agreed by the owners of
the land affected or if they cannot reach agreement, the position determined
by the appropriate court under Part 14.
(5) Where a cable,
wire, pipe, sewer, drain, plant or equipment was laid or installed before the
plan of community division was deposited, the owners of the land affected will
be taken to have agreed to the position in which the cable, wire, pipe, sewer,
drain, plant or equipment was laid or installed.
Explanatory Note—
1 An example of an easement for support created by
subsection (1) is the right to use a party wall for the support of
floors, ceilings, roofs etc.