33Sale of shack site may be made subject to covenants

33 Sale of shack site may be made subject to covenants

(1)  In this section,

positive covenant means an agreement or undertaking given by the owner of land to take certain action for the benefit of another owner of land.

(2)  The Minister may, pursuant to section 31(3) , determine that the sale of a shack site under this Act should be subject to the creation of positive covenants or negative (restrictive) covenants, or both.

(3)  Notwithstanding any enactment, law or equity to the contrary, a shack site covenant runs with the servient land and is enforceable between the parties to it and any person deriving title under any such party.

(4)  A shack site covenant and a variation of a shack site covenant come into force on the day on which they are registered by the Recorder.

(5)  A shack site covenant ceases to be enforceable on the day on which a discharge of the covenant is registered by the Recorder.

(6)  A shack site covenant and a variation or discharge of a shack site covenant may be in such form as the Recorder approves.