34LRegistration

34L Registration

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

(1)  The creation, variation, expiry or termination of a parking easement is –

(a) if the easement relates to land subject to the Land Titles Act 1980 , registrable under that Act; and

(b) if the easement relates to land that is not subject to the Land Titles Act 1980 , registrable under the Registration of Deeds Act 1935 .

(2)  The Recorder may register the creation, variation, expiry or termination of a parking easement on lodgment of a document in a form approved by the Recorder creating, varying or terminating the easement or evidencing its creation, variation, expiry or termination and, in the case of land subject to the Land Titles Act 1980 , registration is to be effected on the folio for the servient tenement and, if there is a dominant tenement, the folio for the dominant tenement.

(3)  Subject to subsection (4)  –

(a) a parking easement over land subject to the Land Titles Act 1980 does not take effect until registration of creation of the easement; and

(b) if a parking easement is registered, the variation, expiry or termination of the easement does not take effect until registered.

(4)  A parking easement created by lease for a term of 3 years or less –

(a) is not registrable under the Land Titles Act 1980 ; and

(b) takes effect without registration; and

(c) terminates automatically on determination of the lease.

(5)  Before the Recorder registers the creation, variation or termination of a parking easement, the Recorder may require production of evidence of any necessary approval under the .