(1)  Before lodging an application for an easement under this Part, the applicant must give written notice of the claim, in the approved form, to the owner of the servient tenement and produce evidence satisfactory to the Recorder that the applicant has done so.

(2)  The owner of the land may, within 30 days after receipt of the notice, lodge with the Recorder a notice of objection in an approved form against the easement claimed.

(3)  If the owner does not lodge a notice of objection, the Recorder must consider the application in accordance with this Part.

(4)  If the owner lodges a notice of objection, the Recorder may not consider the application unless the Recorder is satisfied that the applicant would suffer serious hardship if the application is not granted.