Land Code (Strata) Act · 2000 Revised Edition · Part II · Subdivision Into Stratum Estates
Section 10
Official textFrom Attorney General's Chambers, unchanged
Subject to the provisions of this Act, upon the creation of a stratum estate in a unit, that estate may devolve or be transferred, leased,
stratum estate
“stratum estate” means a stratum estate within the meaning of subsection (2) of section 9;
Land Code (Strata)
land
“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;
charged or settled in accordance with the Land Code (Chapter 40) and any transfer, lease, charge or settlement shall have the same effect as if the stratum estate were an estate under the Land Code for a term of years but none of the component parts of a stratum estate shall, except as provided in section 22, be capable of devolving or being dealt with independently of the others.
Notwithstanding anything in subsection (1), any proprietor of a unit may grant an easement over the unit in favour of any other unit or any other registered land.
proprietor
“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit, provided that in sections 37, 38 and 49, where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term
No easement granted under subsection (2) shall be granted for a period in excess of the term of years of the stratum estate in the unit concerned.
unit
“unit”, in relation to any land, means a part of the land consisting of a space of any shape situated on or above the surface of the land, or below the surface of the land to the extent that any buildings or related structures occupy the subsoil, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership;
No easement granted under subsection (2) shall bind the chargee of a unit unless —
the easement was granted prior to the creation of the relevant charge; or
that chargee has consented in writing to the easement.
When a unit is being transferred, leased, charged, settled or otherwise dealt with pursuant to subsection (1), it shall be described in the instrument evidencing the transaction as “Unit No. .......... on Strata Plan
strata plan
“strata plan” means a plan that has been or is intended to be certified under section 9;
No...........”.
Terms defined in s 2
land
Defined · s 2“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;
proprietor
Defined · s 2“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit, provided that in sections 37, 38 and 49, where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term
registered land
Defined · s 2“registered land” means land which has been brought under the provisions of the Land Code by being included in a folio of the Register and held by the registered proprietor in perpetuity or for a limited term of years;
strata plan
Defined · s 2“strata plan” means a plan that has been or is intended to be certified under section 9;
stratum estate
Defined · s 2“stratum estate” means a stratum estate within the meaning of subsection (2) of section 9;
unit
Defined · s 2“unit”, in relation to any land, means a part of the land consisting of a space of any shape situated on or above the surface of the land, or below the surface of the land to the extent that any buildings or related structures occupy the subsoil, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership;
Part III
Preparation and Approval of Strata Plans
Part IV
Strata Corporation
Part V
Service Charges
Part VI
Insurance
Part VII
Rules of Strata Corporation
Part VIII
Variation Plans
Part IX
Part X
Expiry of Strata Plan
Part XI