divided. 1998, c. 19, s. 11 (5).
The following easements are appurtenant to each unit and shall be for the benefit
of the owner of the unit and the corporation:
1. An easement for the provision of a service through the common elements or any other
2. An easement for support by all buildings and structures necessary for providing support
to the unit.
3. If a building or a part of a building moves after registration of the declaration and
description or after having been damaged and repaired but has not been restored to the
position occupied at the time of registration of the declaration and description, an
easement for exclusive use and occupation over the space of the other units and
common elements that would be space included in the unit if the boundaries of the
unit were determined by the position of the buildings from time to time after
registration of the description and not at the time of registration.
4. If a corporation is entitled to use a service or facility in common with another
corporation, an easement for access to and for the installation and maintenance of the
service or facility over the land of the other corporation, described in accordance with
the regulations made under this Act. 1998, c. 19, s. 12 (1).
Same, common elements(2)
The following easements are appurtenant to the common elements:
1. An easement for the provision of a service through a unit or through a part of the
common elements of which an owner has exclusive use.
2. An easement for support by all units necessary for providing support. 1998, c. 19,
s. 12 (2).
Effect on encumbrances13.
Upon the registration of the declaration and description, an encumbrance against the
common elements is no longer enforceable against the common elements but is enforceable
against all the units and common interests. 1998, c. 19, s. 13.
Discharge of encumbrances14. (1)
If an encumbrance registered before the registration of the declaration and
description is, by virtue of section 13, enforceable against all the units of a corporation and their
common interests, an owner may discharge the portion of the encumbrance that is applicable to
the owner’s unit and common interest by paying to the encumbrancer the portion of the amount
owing on account of principal and interest under the encumbrance that is attributable to the
owner’s common interest as specified in the declaration. 1998, c. 19, s. 14 (1).
Upon payment of the portion of the encumbrance sufficient to discharge a unit and
common interest, and upon demand, the encumbrancer shall give to the owner a discharge of that
unit and common interest in accordance with the requirements of the regulations made under this
Act. 1998, c. 19, s. 14 (2).