Up in the Sky – Crane Air Space Rights
Almost everywhere you look these days there are construction cranes appearing on the skyline. However, there is no automatic right to swing a crane through the airspace above another building – this is a right which, once again, needs either to be obtained by negotiation, or by the means under either the Access to Neighbouring Land Act or the Conveyancing Act, referred to above.
It is important that various matters are set out clearly in appropriate documentation to properly protect the owners corporation, including specific insurance requirements, operational matters relating to the erection and operation of the crane, Work Health and Safety issues, matters relating to the indemnification of the owners corporation, the carrying of loads, and the rectification of any damage and of course the amount to be paid to the owners corporation.
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