An easement is the right to enter or use a section of land for a particular purpose by someone who is not the land owner. There are some situations where easements are in place for bodies corporate under other Acts. These are called statutory easements.
If your body corporate does have a CMS, read more about statutory easements in that case.
When there is a statutory easement, it automatically creates rights for the party the easement benefits.
This page explains when a statutory easement may exist.
It does not apply to other types of easements that may be created or recorded.
Subsidiary bodies corporate statutory easements
A statutory easement may exist for lateral (side by side) support of a lot, and to provide services (such as water, sewerage, drainage and electricity).
In building unit plan developments, statutory easements may also exist for shelter (above) and subjacent (below) support of lots.
Higher level bodies corporate statutory easements
Statutory easements can’t be used in a way that unreasonably prevents other owners from enjoying their lot or the common property.
There may be a right to enter an adjoining lot to carry out works if a building is:
- on the boundary of a lot
- so close to the boundary of a lot that it prevents carrying out the work.
The party benefitting from the easement may be able to enter a lot to undertake the necessary works.
If a lot is being entered under an easement, reasonable notice should be given to the owner of the lot unless it is urgent.
Community or precinct bodies corporate
Implied easements may exist for lots or common property for shelter, subjacent and lateral support, and to provide services (such as water, sewerage, drainage and electricity).
An easement is created where there are roofs, eaves, gutters, downpipes or foundations that are over, on or under a lot. These easements entitle the owner of an adjoining lot to the shelter, drainage or support provided by those things. These easements can also apply if there is one building connected over 2 or more group title lots.
Principal or primary thoroughfare bodies corporate
There may be implied easements for providing services (such as water, sewerage, drainage and electricity).
If there is one building connected over 2 or more group title lots, a statutory easement may also exist where there are roofs, eaves, gutters, downpipes or foundations over, on or under a lot. An easement is created to entitle the owner of an adjoining lot to the shelter, drainage or support provided by those things.
