34FCreation of parking easement

34F Creation of parking easement

[Section 34F of Part VIA Inserted by No. 16 of 1998, s. 5, Applied:05 Jun 1998]

(1)  Subject to the requirements of this Division relating to registration, a parking easement may be created in any of the following ways:

(a) by deed;

(b) as provided by section 105 of the Land Titles Act 1980 ;

(c) by a schedule of easements under section 87 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ;

(d) by a plan or scheme registered under the Strata Titles Act 1998 ;

(e) in any other way approved by the Recorder.

(2)  A document under which a parking easement is created –

(a) must comply with any requirements as to its form imposed by the Recorder; and

(b) must set out the terms and conditions of the easement (although the document adequately complies with this paragraph if it uses a short form authorised by this Act); and

(c) must consist of, incorporate or be supported by a plan in a form approved by the Recorder –

(i) delineating the servient tenement and the parking bay and showing the position of the parking bay by reference to boundaries of the servient tenement; and

(ii) delineating or describing the means of vehicular access to, and egress from, the parking bay; and

(iii) delineating or describing the means of pedestrian access to, and egress from, the parking bay.

(3)  A parking easement cannot take effect unless the proposed use of the land for the parking of vehicles (and any related vehicular or pedestrian access) conforms with an approval under the Land Use Planning and Approvals Act 1993 .