Western Australian Consolidated Acts

STRATA TITLES ACT 1985 - SECT 5H

5H .         Regulations as to easements

        (1)         The regulations may prescribe —

            (a)         the terms, conditions and provisions of and relating to easements that may be created under section 5D; and

            (b)         a short form description by which each kind of easement may be referred to and which is to be deemed to be a reference to the full terms, conditions and provisions of an easement of that kind.

        (2)         Regulations made for the purposes of subsection (1)(a) may make provision for and in relation to —

            (a)         liability for the costs of the upkeep of an area over which an easement is created;

            (b)         a proprietor’s right of access to an area over which an easement is created to inspect any thing or carry out work;

            (c)         the proprietor of the dominant lot keeping the proprietor of the servient lot indemnified in respect of liability arising from the use of, or the activities undertaken in, an area by the first-mentioned proprietor; and

            (d)         the circumstances in which an easement is terminated where a building to which it relates is destroyed.

        (3)         Regulations made for the purposes of subsection (1) may provide that —

            (a)         in specified circumstances a proprietor of a lot is to be taken to have agreed to undertake any positive obligation specified in the regulations in connection with an easement; and

            (b)         any such obligation runs with the land and is binding on a succeeding proprietor of the lot.

        (4)         If the regulations prescribe any easement for access or use of light or air, section 121 of the Property Law Act 1969 does not apply to the creation of any such easement under section 5D.

        [Section 5H inserted by No. 61 of 1996 s. 11.]