The 2 Dominant parties are Lot 602 ( 41 Units) adjoining Lot 601 and a Commercial Building Lot 600 being of 2 floors at street level.
The Servient party Lot 601 are (8 Units) attached to the rear of Lot 600 and terrace down five levels.
The walkway Easement is attached to the Commercial building side wall and runs between level 5 of Lot 601 out to a street gate, this gives
Lot 602 street access and acts as a fire escape and access to the street for Lot 600. Lot 601 has street access usage.
Lot 602 B/Corp say the easements are poorly written and do not include Lot 601 for any R & M costs, and we should be maintaining our common property which
is the walkway structure. They will not contribute because it is a Capital item belonging to Lot 601.
Lot 600 behave negligently about all our common easements. A meeting between the 3 Body/Corps is trying to be arranged at present, but with all
the negitivity and lack of QLD. Easement obligation rules and Legislation, Lot 601 cannot see any positivity arising. We believe both Dominant parties
should be obliging to the Easement Form 9 Documents
Thanking you very much for your reply.
Alan B
Question 1. Does Lot 601 have to continually repair and maintain the easement walkway?
Question 2. We believe that we can monitor the R & M state of the walkway and relay through discussion with our neighbours.
The Servient party Lot 601 are (8 Units) attached to the rear of Lot 600 and terrace down five levels.
The walkway Easement is attached to the Commercial building side wall and runs between level 5 of Lot 601 out to a street gate, this gives
Lot 602 street access and acts as a fire escape and access to the street for Lot 600. Lot 601 has street access usage.
Lot 602 B/Corp say the easements are poorly written and do not include Lot 601 for any R & M costs, and we should be maintaining our common property which
is the walkway structure. They will not contribute because it is a Capital item belonging to Lot 601.
Lot 600 behave negligently about all our common easements. A meeting between the 3 Body/Corps is trying to be arranged at present, but with all
the negitivity and lack of QLD. Easement obligation rules and Legislation, Lot 601 cannot see any positivity arising. We believe both Dominant parties
should be obliging to the Easement Form 9 Documents
Thanking you very much for your reply.
Alan B
Question 1. Does Lot 601 have to continually repair and maintain the easement walkway?
Question 2. We believe that we can monitor the R & M state of the walkway and relay through discussion with our neighbours.
