RTA · Condominium Property Act
23 Easements against owner
implied in respect of each unit shown in it,
(a) as against the owner of the unit, an easement, to which the
unit is subject, for the subjacent and lateral support of the
common property and of every other unit capable of
enjoying support,
(b) as against the owner of the unit, easements, to which the
unit is subject, for the passage or provision of water,
sewerage, drainage, gas, electricity, garbage, artificially
heated or cooled air and other services, including telephone,
radio and television services, through or by means of any
pipes, wires, cables or ducts for the time being existing
within the unit, as appurtenant to the common property and
also to every other unit capable of enjoying those
easements, and
(c) in the case of a unit located in a building, as against the
owner of the unit, an easement, to which the unit is subject,
to provide shelter to the common property and to every
other unit capable of enjoying the shelter.
(2) When an easement is implied by this section, the owner of any
utility service who is providing the owner's service to the parcel, or
to any unit on it, is entitled to the benefit of any of those easements
that are appropriate to the proper provision of that service, but not
to the exclusion of the owner of any other utility service.
RSA 1980 cC-22 s18;1983 c71 s11;1996 c12 s17