Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 115N

115N Easements for support

(1) An easement of lateral or subjacent support exists—

(a) in favour of a lot against another lot capable of supplying lateral or subjacent support; and

(b) in favour of a lot against common property capable of supplying lateral or subjacent support; and

(c) in favour of common property against a lot capable of supplying lateral or subjacent support; and

(d) in favour of common property against other common property capable of supplying lateral or subjacent support.

(2) An easement of common wall support exists—

(a) in favour of a lot (
"lot X" ) against another lot when a building on the other lot is supplying common wall support to a building on lot X; and

(b) in favour of a lot against common property when a building on the common property is supplying common wall support to a building on the boundary of the lot; and

(c) in favour of common property against a lot when a building on the lot is supplying common wall support to a building on the boundary of the common property; and

(d) in favour of common property against other common property when a building on the other common property is supplying common wall support to a building on the boundary of the common property.

(3) For subsection (2) , a building (
"building A" ) supplies common wall support to another building (
"building B" ) if a wall (the
"common wall" ) of building A is also a wall of building B and the common wall is necessary to ensure the general safety and structural integrity of building A.

(4) An easement for support under subsection (1) or (2) —

(a) entitles the owner of a lot (
"lot X" ) to enter a lot or common property supplying support to lot X under the easement to maintain or replace any support; and

(b) entitles the body corporate to enter a lot or common property supplying support to common property under the easement to maintain or replace any support.

(5) An easement for support under subsection (1) or (2) subsists until the scheme no longer exists.