170Benefit of covenants and covenants in gross

170 Benefit of covenants and covenants in gross (1) A covenant may be enforced by: (a) a person who has the estate in the dominant land that has the benefit of the covenant; and (b) any person claiming under or through him or her. (2) Subsection (1) does not apply to a covenant that is a positive obligation created before the commencement of this Act. (3) A covenant in gross may be enforced by the Territory, the local government body, the statutory corporation or the prescribed person who or which has the benefit of the covenant in gross.