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68. Implied easements for services in development

(1) Where two or more lots form part of a single development by one developer pursuant to a contractual scheme, there are implied under this section easements for services that benefit and bind each lot.
(2) The easements implied under this section are easements for the passage of water, electricity, telephone, drainage, gas and sewerage through or by means of installations (including sewers, pipes, wires, cables or ducts), to the extent to which the installations are capable of being used in connection with the lot.
(3) The easements implied under this section include the right for benefited party to enter the burdened real property at all reasonable times, and upon giving reasonable notice, to repair or renew the installations (but subject to the obligation to repair any damage caused to the burdened real property in the process of doing so).
(4) The benefited party shall contribute a reasonable proportion of the cost of maintaining the installations, unless able to establish a legal entitlement to enjoy the easements free from the liability to contribute.
(5) Subsection (4) does not make a person liable to contribute to expenditure incurred at a time before becoming, or after ceasing to be, owner.
(6) Unity of ownership of two or more lots does not destroy the easements implied under this section.
(7) The easements implied under this section are enforceable without any need for registration. However, the Registrar may (but need not) make an appropriate registering in the Register about the existence of the easements.