60Restrictive covenants for benefit of highway

60 Restrictive covenants for benefit of highway

(1)  In this section, except in so far as the context or subject-matter otherwise indicates or requires, lease includes an agreement for a lease and leaseholder includes a tenant under an agreement for a lease.

(2)  Where an agreement entered into for the purposes of section 59 by a person having an estate in any land contains a covenant, entered into by that person on behalf of himself, his successors in title, and the person deriving title under him or them, restricting the user of that land or any specified part of it, the covenant is enforceable by the corporation against the covenantor or any such person in like manner and to the like extent as if the covenant had been entered into by the fee simple owner of the land for the benefit of adjacent land held by the corporation in fee simple that was capable of being benefited by the covenant and as if that adjacent land continued to be so held by the corporation.

(3)  Subject to this section, a corporation may, at any time, by agreement with the person against whom there is enforceable a covenant to which subsection (2) applies (in this section referred to as "a covenant"), discharge the covenant or may agree to a variation of the covenant.

(4)  Subject to subsection (5) , where the land subject to a covenant is under the Land Titles Act 1980 , that Act has effect in relation to the covenant and the instrument creating it as if it were a covenant created under section 102 (7) of that Act for the benefit of land not under that Act and as if the corporation held an estate in fee simple in that land and was entitled wholly to discharge the covenant.

(5)  [Section 60 Subsection (5) amended by No. 23 of 2021, s. 153, Applied:01 Jan 2022] Where a covenant is entered into by the registered proprietor of a lease under the Land Titles Act 1980 in respect of which no certificate of title has been issued, the Recorder of Titles shall enter a notification of the instrument on the folio of the Register, under the Land Titles Act 1980 , for the land and any folio of the Register, under the , for the lease.