200Notice of restrictive covenants and easements

200 Notice of restrictive covenants and easements

(1) Where land having a common title with other land is disposed of to a purchaser (other than a lessee or a mortgagee) who does not hold or obtain possession of the documents forming the common title, such purchaser, notwithstanding any stipulation to the contrary, may require that a memorandum giving notice of any provision contained in the disposition to him restrictive of user of, or giving rights over, any other land comprised in the common title, shall, where practicable, be written or indorsed on, or, where that is impracticable, be permanently annexed to some one document selected by the purchaser but retained in the possession or power of the person who makes the disposition, and being or forming part of the common title.

(2) The title of any person omitting to require a memorandum to be written indorsed or annexed shall not, by reason only of this section, be prejudiced or affected by the omission.

(3) This section shall not apply to dispositions of registered land.