Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 20

20 .         Creation of easements and covenants

        (1)         A strata company may, pursuant to a resolution without dissent (or unanimous resolution, in the case of a two-lot scheme) —

            (a)         execute a grant of easement or a restrictive covenant burdening the parcel;

            (b)         accept a grant of easement or a restrictive covenant benefiting the parcel;

            (c)         surrender a grant of easement or a restrictive covenant benefiting the parcel.

        (2)         Subsection (1) does not authorise a strata company to accept a grant or execute a surrender of an easement relating to common property the subject of a lease accepted or acquired by the strata company under section 18(1) that, apart from subsection (1), it is not entitled to accept or execute as a lessee or, by the terms of the lease, it is prevented from accepting or executing.

        (3)         A strata company may, pursuant to a resolution without dissent (or unanimous resolution, in the case of a two-lot scheme), consent to the execution or acceptance by a lessor of a grant or surrender of easement relating to common property the subject of a lease accepted or acquired by the strata company under section 18(1).

        (4)         The strata company, if it is satisfied that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the strata company have consented in writing to the proposed dealing, shall execute the appropriate instrument and any plan necessary therefor and every instrument shall be valid and effective without execution by any person having an interest in the parcel, and the receipt of the strata company of any moneys payable to the strata company under the terms of the instrument shall be a sufficient discharge, and shall exonerate the persons taking under the instrument from any responsibility for the application of the moneys expressed to have been so received.

        (5)         Every instrument executed pursuant to subsection (4) and lodged for registration with the Registrar of Titles shall be endorsed with or accompanied by a certificate under the seal of the strata company that the resolution was duly passed and that all necessary consents were given.

        (6)         In favour of persons dealing with the strata company pursuant to this section and in favour of the Registrar of Titles, the certificate referred to in subsection (5) shall be conclusive evidence of the matters certified in it.

        (7)         The Registrar of Titles shall register the instrument creating or surrendering a grant of easement or a restrictive covenant by noting it on the strata plan in the manner prescribed.

        [Section 20 amended: No. 58 of 1995 s. 92.]



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