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LAND TITLE ACT 1994 - SECT 94
Meaning of high-density development easement
(1) A
"high-density development easement" is an easement created for 1 or more of
the following purposes— (a) support;
(b) shelter;
(c) projections;
(d)
maintenance;
(e) roof water drainage.
(2) A
high-density development easement may be created only over 2 small, adjoining
lots, and only if— (a) any of the following applies— (i) a wall of a
building situated on 1 of the adjoining lots is also a wall of a building
situated on the other adjoining lot, and the wall is on the common boundary of
the 2 adjoining lots;
(ii) a wall of a building situated on 1 of the
adjoining lots is adjacent to a wall of a building situated on the other
adjoining lot, each wall is constructed on the same foundation and the
foundation is on the common boundary of the 2 adjoining lots;
(iii) a wall of
a building situated on 1 of the adjoining lots is adjacent to a wall of a
building situated on the other adjoining lot, each wall is constructed on a
separate foundation and each foundation is adjacent to the common boundary of
the 2 adjoining lots; or
(b) a relevant development approval, under which a
requirement for a circumstance mentioned in paragraph (a) (i) , (ii) or (iii)
applies as a condition, applies to both adjoining lots.
(3) Each lot to which
a high-density development easement relates is benefitted and burdened by the
easement to the extent necessary to give effect to the purposes for which the
easement is created.
(4) In this section—
"relevant development approval" means— (a) a development approval under the
Planning Act for any of the following as defined in that Act— (i) carrying
out building work;
(ii) reconfiguring a lot;
(iii) making a material change
of use of premises; or
(b) a PDA development approval under the
Economic Development Act 2012 for any of the following as mentioned in
section 33 (2) of that Act— (i) carrying out building work;
(ii)
reconfiguring a lot;
(iii) making a material change of use of premises.
"small" , for a lot, means the lot has an area of 450m 2 or less.
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