Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 11

11 .         Support and services

        (1)         In respect of each lot there shall be implied —

            (a)         in favour of the proprietor and as appurtenant to his lot —

                  (i)         an easement for the subjacent and lateral support thereof by the common property and by every other lot capable of affording support; and

                  (ii)         easements for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services including telephone, radio and television services, through or by means of any pipes, wires, cables or ducts for the time being existing in the land comprising the parcel to the extent to which those pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of that lot;

            (b)         as against the proprietor and to which his lot shall be subject —

                  (i)         an easement for the subjacent and lateral support of the common property and of every other lot capable of enjoying support; and

                  (ii)         easements for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services including telephone, radio and television services, through or by means of any pipes, wires, cables or ducts for the time being existing within that lot, as appurtenant to the common property and also to every other lot capable of enjoying such easements.

        (2)         A proprietor, mortgagee in possession or occupier of a lot shall not do any thing or permit any thing to be done on or in relation to that lot so that —

            (a)         any support or shelter provided by that lot for another lot or common property is interfered with; or

            (b)         the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services, including telephone, radio and television services, through or by means of any pipes, wires, cables or ducts for the time being in the lot is interfered with.



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