Western Australian Consolidated Acts Western Australian Consolidated Acts (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.