Unit Titles Act 2010

63 Ability of owner of unit in respect of easements and covenants

• (1) The owner of a unit may, for the benefit of the unit,—

  • (a) acquire an easement over other land; or

  • (b) acquire the benefit of a covenant over other land.

  (2) The owner of a unit may, for the benefit of other land,—

  • (a) grant an easement over the unit; or

  • (b) enter into a covenant over the unit.

  (3) The owner of a unit may enter into a variation or surrender of—

  • (a) an easement or covenant over other land for the benefit of the unit; or

  • (b) an easement or covenant over the unit for the benefit of other land.

  (4) Before any dealing with the unit under subsection (1), (2), or (3), the body corporate must, by special resolution, have consented to the granting, acquiring, variation, or surrender of the easement or covenant.

  (5) Before giving its consent in accordance with subsection (4), a subsidiary body corporate must obtain the consent by special resolution, and in writing, to the granting, acquiring, variation, or surrender of the easement or covenant from—

  • (a) the body corporate for its parent unit title development; and

  • (b) the body corporate for any unit title development located between the subsidiary unit title development and its head unit title development; and

  • (c) the body corporate for its head unit title development.

  (6) An application to register an instrument to give effect to any of the matters in subsections (1), (2), or (3) must be accompanied by a certificate by the body corporate that the consent required under subsection (4) has been given.

  (7) The certificate referred to in subsection (6) may be relied on by the Registrar as sufficient evidence of compliance with the matters set out in the certificate.