88AALimitation of enforceability of profits à prendre

88AA Limitation of enforceability of profits à prendre

88AA Limitation of enforceability of profits à prendre

(1) Except to the extent to which this Division otherwise provides, a profit à prendre expressed to be created by an instrument coming into operation after the commencement of the Conveyancing (Forestry Rights) Amendment Act 1987 shall not be enforceable against a person interested in land claimed to be subject to the profit à prendre (other than a person who is a party to the instrument) unless the instrument indicates—

(a) the land which is subject to the burden of the profit à prendre, and

(b) in the case of a profit à prendre that is expressed to benefit land—the land to which the benefit of the profit à prendre is appurtenant.

(2) This section shall not prevent the enforcement, by a person entitled to a reversion, remainder or other estate or interest in any land, of any agreement against a person entitled to the estate or interest on which the reversion, remainder or other estate or interest is expectant.

s 88AA: Ins 1987 No 242, Sch 1 (5).