34DInterpretation

34D Interpretation

[Section 34D of Part VIA Inserted by No. 16 of 1998, s. 5, Applied:05 Jun 1998] In this Division –

dominant tenement means land for the benefit of which a parking easement exists or is to be created;

easement plan means a plan (which may, if the Recorder approves, form part of another plan) delineating the parking bay in which parking is authorised by a parking easement and delineating or describing the means of vehicular and pedestrian access to, and egress from, the parking bay;

owner of land means the owner of an estate in fee simple in the land or the owner of a leasehold estate in the land;

parking bay means the part of a servient tenement in which parking is authorised by a parking easement;

proprietor of a parking easement means the person in whose favour the easement exists and, if the easement is created for the benefit of land, the owner of the dominant tenement;

Recorder means the Recorder of Titles under the Land Titles Act 1980 ;

sealed plan means a final plan approved and sealed under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ;

servient tenement means land subject to a parking easement;

strata or community titles scheme means a plan or scheme under the Strata Titles Act 1998 ;

vehicle means –

(a) a vehicle for use on a road; or

(b) a vehicle for use on a track; or