9. Section 13 of the principal enactment is hereby repealed and the following section substituted therefor:
| 13.
| | (1) In respect of each unit there shall be implied
| | | (a) in favour of the owner of a unit and as appurtenant thereto, a servitude for the subjacent and lateral support thereof by the common elements and by every unit capable of affording support; |
| (b) as against the owner of each unit and to which the unit shall be subject, a servitude for the subjacent and lateral support of the common elements and of every other unit capable of enjoying support. |
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| | (2) The servitude of support created by subsection (1) shall entitle the owner of the dominant tenement to enter on the servient tenement to replace, renew or restore any support. | | |
| | (3) Every owner of a unit shall be entitled to have his unit sheltered by all other parts of the subdivided building that are capable of affording shelter. | | |
| | (4) The right created by subsection (3) shall be a servitude to which the aforesaid parts of the subdivided building are subject. | | |
| | (5) The servitude of shelter created by this section shall entitle the owner of the dominant tenement to enter on the servient tenement to replace, renew or restore any shelter. | | |
| | (6) In respect of each unit there shall be implied
| | | (a) in favour of the owner of a unit, and as appurtenant thereto, servitudes 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 to the extent to which those sewers, pipes, wires, cables or ducts are capable of being used in connexion with the enjoyment of the unit: and |
| (b) as against the owner of a unit, and to which the unit shall, be subject, a servitude 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 sewers, pipes, wires, cables or ducts, as appurtenant to the common elements and also to every other unit capable of enjoying such servitudes. |
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| | (7) In respect of each unit and the common elements, there shall be implied in favour of the owner of the dominant tenement and against the owner of the servient tenement
| | | (a) a servitude for uninterrupted access and use of light to or for any windows, doors or other apertures existing and enjoyed at the date of registration of the relevant Condominium Plan; and |
| (b) the right to maintain and use overhanging eaves and other projections existing at the date of registration of the relevant Condominium Plan. |
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| | (8) There shall be implied as appurtenant to the common elements and subservient to any unit affected
| | | (a) a servitude for the provision of any service through any installation in any unit; and |
| (b) a servitude for support by any unit capable of providing support. |
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| | (9) The servitudes implied or created by this Law shall take effect and be enforceable without any memorial or notification on the folios of the register of Condominium Property. ". | | |
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Sri Lanka Consolidated Acts