TASIn ForceAct
Conveyancing and Law of Property Act 1884
34IParking easement to run with land
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### 34I Parking easement to run with land
> [*\[Section 34I of Part VIA Inserted by No. 16 of 1998, s. 5, Applied:05 Jun 1998\]*](/view/html/inforce/1998-06-05/act-1998-016#GS5@EN)
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> > (1) The benefits and burdens of a parking easement run with title to land.
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> > (2) The rights and obligations conferred or imposed under the conditions of the easement are enforceable by or against the owner for the time being of the servient tenement and, if there is a dominant tenement, the dominant tenement but, if not, the proprietor of the easement.
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> > (3) Despite [subsections (1)](#GS34I@Gs1@EN) and [(2)](#GS34I@Gs2@EN) , if a parking easement is created over a leasehold estate in the servient tenement –
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> > > > (a) the easement is not valid and binding against a mortgagee or encumbrancee of the servient tenement unless the mortgagee or encumbrancee has consented in writing to the easement; and
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> > > > (b) the parking easement terminates on the expiry or termination of the lease.