90ABCovenants in gross

### 90AB Covenants in gross > *\[Section 90AB Inserted by No. 28 of 1994, s. 39 \]* > > > (1)  Notwithstanding any law or rule of law to the contrary, on and after the commencement of this section a covenant without a dominant tenement may be created in favour of the Crown or of any public authority or local authority constituted by or under any Act. > > > (2)  A covenant in gross is enforceable between the parties to it, and any person deriving title under any such party, as if the covenant were entered into by a fee simple owner of land for the benefit of adjacent land, held in fee simple by the Crown or any public authority or local authority constituted by or under any Act, that was capable of being benefited by the covenant and as if that adjacent land continued to be so held by the Crown, public authority or local authority. > > > (3)  A covenant entered into by a leaseholder under this section (unless the instrument creating it contains a provision to the contrary) remains in force so long as the covenantor or any person deriving title under the covenantor, other than a bona fide purchaser for value of the legal estate without notice of the covenant, remains in possession of the land to which the covenant relates. > > > (4)  This section applies to and in relation to land that is subject to the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) notwithstanding anything contained in that Act. > > > (5)  If a covenant under this section is lodged under the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) , it must be accompanied by an application under [section 11 of the](/view/html/inforce/2026-04-12/act-1980-019#GS11@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) . > > > (6)  In this section – > > > > > ***lease*** includes an agreement for a lease; > > > > > ***leaseholder*** includes a tenant under an agreement for a lease.