34KTermination of parking easement

34K Termination of parking easement

[Section 34K 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 terminated by a document in a form approved by the Recorder evidencing –

(a) agreement between the proprietor of the easement and the owner of the servient tenement to the surrender of the easement; or

(b) if the terms and conditions of the easement impose no obligations on the proprietor of the easement, the proprietor's unilateral agreement to surrender the easement.

(2)  If a parking easement was created for the benefit of a dominant tenement in order to conform with an approval under the Land Use Planning and Approvals Act 1993 for the development or use of the dominant tenement, a document to terminate the easement cannot take effect unless the proposed termination also conforms with an approval under that Act.