35ASaving for certain restrictive covenants

### 35A Saving for certain restrictive covenants > *\[Section 35A Inserted by No. 3 of 1978, s. 2 \]* > > > (1)  Where a covenant restrictive of user of freehold land that has been entered into before 1st July 1978 (otherwise than on a conveyance of the land on sale) would, but for the provisions of [section 35](#GS35@EN) [(5)](#GS35@Gs5@EN) , have been enforceable against a purchaser of the land burdened by the covenant, it is the duty of every owner of an estate or interest in the land who is aware of the covenant to give written notice of the covenant to any purchaser to whom he conveys any estate or interest in the land or any part of it, and thereupon that purchaser shall be deemed to be affected with notice of the covenant in like manner as if he had received that notice as a result of his own investigation or enquiries. > > > (2)  Where in respect of any covenant a person is in default in the discharge of the duty imposed on him by [subsection (1)](#GS35A@Gs1@EN) he is liable in damages to any person who, but for the default, would have been entitled to the benefit of the covenant for any loss suffered by that person by reason of the default. > > > (3)  Where by virtue of this section any person becomes liable to pay damages to another the Minister shall, by virtue of this subsection, be deemed to have entered into, with those persons, a contract guaranteeing the discharge of the liability, with a right of indemnity against the person liable for the damages, but [section 6 of the](/view/html/inforce/2026-04-12/act-1935-092#GS6@EN) [Mercantile Law Act 1935](/view/html/inforce/2026-04-12/act-1935-092) shall be deemed not to apply to such a contract.