Condominium Act

divided. 1998, c. 19, s. 11 (5).

Easements

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

unit.

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

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 encumbrances

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 encumbrances

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).

Form

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).