34JVariation of parking easement

34J Variation of parking easement

[Section 34J 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 varied by a document in a form approved by the Recorder evidencing agreement between the proprietor of the easement and the owner of the servient tenement to the variation.

(2)  A variation to create a new parking bay, or alter the boundaries of an existing parking bay, or alter the means of vehicular or pedestrian access to the parking bay cannot take effect unless –

(a) the document making the variation consists of, incorporates or is supported by a plan in a form approved by the Recorder showing how the easement plan is affected by the variation; and

(b) if the variation would change the use of land, the change of use conforms with an approval under the Land Use Planning and Approvals Act 1993 .