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In This Volume

69 (1) There exists an easement in favour of each strata lot in the strata plan and the owner of each strata lot

  • (a) for the strata lot’s vertical and sideways support by the common property and by every other strata lot capable of providing support,
  • (b) for the passage or provision of water, sewage, drainage, gas, oil, electricity, garbage, heating and cooling systems and other services, including telephone, radio and television, through or by means of any pipes, wires, cables, chutes, ducts or other facilities existing in the common property or another strata lot to the extent those systems or services are capable of being, and intended to be, used in connection with the enjoyment of the strata lot, and
  • (c) for shelter of the strata lot by every part of a building that is shown on the strata plan as part of the common property or another strata lot and that is capable of providing shelter.
  • (2) There exists an easement in favour of the common property and the owners of the common property
  • (a) for the common property’s vertical and sideways support by every strata lot capable of providing support,
  • (b) for the passage or provision of the services and facilities described in subsection (1)(b) existing in a strata lot to the extent those systems or services are capable of being, and intended to be, used in connection with the enjoyment of the common property, and
  • (c) for shelter of the common property by every part of a building that is shown on the strata plan as part of a strata lot and that is capable of providing shelter.
  • (3) The easements referred to in subsections (1) and (2)
  • (a) exist without registration in a land title office,
  • (b) charge and burden that part of the common property capable of providing support or shelter to a strata lot,
  • (c) charge and burden each strata lot capable of providing support or shelter to another strata lot or to the common property,
  • (d) charge and burden each strata lot and that part of the common property in which any part of the services and facilities described in subsections (1)(b) and (2)(b) are located, and
  • (e) include all of the rights and obligations needed to give effect to and enforce them, including a right of entry to inspect, maintain, repair and replace the shelter, support, services and facilities described in subsections (1) and (2).
  • (4) The easements referred to in subsections (1) and (2) may be enforced by the strata corporation on its own behalf or on behalf of one or more owners to the same extent as if the strata corporation were the owner of a strata lot or the common property that benefits from the easement.
  • (5) The easements referred to in subsections (1)(c) and (2)(c) do not apply to strata lots in a bare land strata plan.

1998-43-69, effective July 1, 2000 (B.C. Reg. 43/2000).

REGULATIONS

See s. 17.6 of the Strata Property Regulation, B.C. Reg. 43/2000, regarding the application of s. 69(1)(b) and (2)(b) of the Strata Property Act to a bare land strata plan deposited under the Condominium Act. The Strata Property Regulation is included at chapter 57 (Strata Property Regulations) in this Manual.