Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 5D

5D .         Creation of easements by notation on survey-strata plans

        (1)         A survey-strata plan lodged for registration may, in accordance with this section, provide for easements that will have effect on registration of the plan.

        (2)         An easement that may be provided for under this section on a survey-strata plan is an easement —

            (a)         of a kind prescribed by the regulations made for the purposes of section 5H; and

            (b)         having effect in favour of a lot (the dominant lot ), and against another lot (the servient lot ), in the scheme to which the plan relates.

        (3)         An easement under this section is created on the registration of the plan if there are noted on the plan —

            (a)         the location of the easement; and

            (b)         the dominant and servient lots; and

            (c)         a specification of the easement by use of the short form description prescribed by the regulations for that kind of easement.

        (4)         A notation under subsection (3)(a) or (b) is to be in accordance with the regulations.

        (5)         This section is in addition to any other method by which an easement may be created in respect of lots in a survey-strata scheme.

        [Section 5D inserted: No. 61 of 1996 s. 11.]



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