102Covenants which run with freehold registered land

102 Covenants which run with freehold registered land

[Section 102 Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]

(1)  Except as provided in this Division, the burden of a covenant does not run with freehold registered land.

(2)  *[Section 102 Subsection (2) amended by No. 28 of 1994, s. 40 ]*Subject to subsection (3) , the burden of a covenant runs with freehold registered land if –

(a) the covenant was –

(i) entered into before the land was brought under this Act or the repealed Act ; or

(ii) included in a transfer which was registered before the proclaimed date;

and –

(iii) notice of the covenant is recorded on the folio of the Register constituting the title to the land intended to be burdened; and

(iv) the land intended to be benefited by the covenant is identified in the instrument containing the covenant;

(b) the covenant is set forth in a sealed plan which has taken effect under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ;

(c) the covenant is contained in a dealing that was registered under section 27B or section 27D of the Real Property Act 1886 ;

(d) the covenant is created pursuant to subsection (7) or subsection (8) ; or

(e) the covenant is a covenant in gross, within the meaning of the Conveyancing and Law of Property Act 1884 .

(3)  A covenant which runs with freehold registered land pursuant to subsection (2) may be enforced in equity notwithstanding any provision of this Act but has no greater operation or effect by the operation of this section than it would have if the land which it is intended to burden were not registered land and the registered proprietor of the land were affected in equity by express notice of the covenant.