Unit Titles Act 1972 No 15 (as at 20 June 2011), Public Act

  • repealed
  • See related information and/or uncompiled amendments
  • Unit Titles Act 1972: repealed (with section 37 and schedules 2 and 3 continued in force until 1 October 2012), on 20 June 2011, by section 218 of the Unit Titles Act 2010 (2010 No 22).
11 Incidental rights
  • (1) The common property and each unit on a unit plan shall, by virtue of this section, have as appurtenant thereto all such rights of support, shelter, and protection, and for the passage or provision of water, sewerage, drainage, gas, electricity, oil, garbage, air, and all other services of whatsoever nature (including telephone, radio, and television services) over the land and every part thereof as may from time to time be necessary for the reasonable use or enjoyment of the common property or unit.

    (2) The common property and each unit on a unit plan shall, by virtue of this section, have as appurtenant thereto—

    • (a) a right to the full, free, and uninterrupted access and use of light to or for any windows, doors, or other apertures existing at the date of deposit of the plan and enjoyed at that date; and

    • (b) a right to maintain overhanging eaves existing at the date of deposit of the plan—

    over the land and every part thereof.

    (3) The rights created by this section shall carry with them all ancillary rights necessary to make them effective as if they were easements.

    (4) Nothing in this section shall affect any land other than the land to which the unit plan relates.

    Compare: Victoria Act, s 12; NSW Act, ss 5, 6, 7