Land Code (Strata) Act · 2000 Revised Edition · Part III · Preparation and Approval of Strata Plans
24. Rights attaching to units and common property
Official textFrom Attorney General's Chambers, unchanged
The common property and each unit on a strata plan shall, by virtue of this section, have as appurtenant thereto all such rights of support, shelter, protection and the passage or provision of water, sewerage, drainage, gas, electricity, oil, garbage, air and all other services of whatsoever nature including cable telephone, radio, television and communication services over the common property and every other unit on the strata plan as may from time to time be necessary for the reasonable use or enjoyment of the common property or unit, as the case may be.
common property
“common property” means common property within the meaning of paragraph (c) of subsection (1) of section 8;
The common property and each unit on a strata plan shall, by virtue of this section, have as appurtenant thereto —
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;
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 approval of the plan by the Surveyor General and enjoyed at that date; and
a right to maintain overhanging eaves existing at the date of approval of the plan by the Surveyor General, over the land and every part thereof.
The rights created by this section shall carry with them all ancillary rights necessary to make them effective and enforceable as if they were easements.
Nothing in this section shall affect any land other than the land to which the strata plan relates.
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;
Land Code (Strata)
Terms defined in s 2
common property
Defined · s 2“common property” means common property within the meaning of paragraph (c) of subsection (1) of section 8;
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;
strata plan
Defined · s 2“strata plan” means a plan that has been or is intended to be certified under section 9;
Surveyor General
Defined · s 2“Surveyor General” means the officer appointed as the head of the Survey Department and includes any person for the time being lawfully exercising his powers;
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 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