VIC – HENDRY building surveyors advise that Section 12 of the Subdivision Act 1988 imposes implied easement rights over units on a particular plan of subdivision which the Building Regulations and Building Code of Australia (BCA) must allow for. To invoke this right, the subdivision plan must invoke the Subdivision Act 1988 provision. An implied easement is important as they relate to passage of services throughout the building between units, which are not otherwise able to be documented as dedicated service paths.
An implied easement can include provision for electrical, fire, sanitary plumbing, communications, security, garbage, air, radio, television and water services.
However, an implied easement is not an easement of way. Therefore a right to go back and forward across another owner’s entitlement on the plan is not implied by Section 12 of the Subdivision Act 1988.
An implied easement relates to all the land on the plan, that part of the plan that divides a building and any land affected by a body corporate.
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