TASIn ForceAct
Conveyancing and Law of Property Act 1884
34FCreation of parking easement
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### 34F Creation of parking easement
> [*\[Section 34F of Part VIA Inserted by No. 16 of 1998, s. 5, Applied:05 Jun 1998\]*](/view/html/inforce/1998-06-05/act-1998-016#GS5@EN)
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> > (1) Subject to the requirements of this Division relating to registration, a parking easement may be created in any of the following ways:
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> > > > (a) by deed;
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> > > > (b) as provided by [section 105 of the](/view/html/inforce/2026-04-12/act-1980-019#GS105@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;
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> > > > (c) by a schedule of easements under [section 87 of the](/view/html/inforce/2026-04-12/act-1993-096#GS87@EN) [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) ;
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> > > > (d) by a plan or scheme registered under the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-9999-999) ;
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> > > > (e) in any other way approved by the Recorder.
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> > (2) A document under which a parking easement is created –
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> > > > (a) must comply with any requirements as to its form imposed by the Recorder; and
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> > > > (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
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> > > > (c) must consist of, incorporate or be supported by a plan in a form approved by the Recorder –
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> > > > > > (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
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> > > > > > (ii) delineating or describing the means of vehicular access to, and egress from, the parking bay; and
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> > > > > > (iii) delineating or describing the means of pedestrian access to, and egress from, the parking bay.
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> > (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](/view/html/inforce/2026-04-12/act-1993-070) .