sec.65Particular covenants in registered easements bind successors

### sec.65 Particular covenants in registered easements bind successors This section applies to a covenant contained in a registered easement over land (the burdened land ). If the covenant imposes an obligation, whether positive or negative, in relation to the use, ownership or maintenance of the burdened land, the covenant binds the grantor and the grantee of the easement, and each of their successors in title. A covenant imposes an obligation in relation to the use, ownership or maintenance of the burdened land if the covenant imposes an obligation— to maintain or repair the burdened land; or to construct, maintain, repair or replace improvements or infrastructure on the burdened land used in connection with the easement; or to pay for or contribute to the performance of an obligation mentioned in paragraph (a) or (b) ; or to pay for or contribute to rates or taxes relating to the burdened land; or to indemnify a party to the easement in connection with the use of the easement; or to insure, pay for or contribute to insurance in connection with the use of the easement. Subsection (3) does not limit the covenants that may impose an obligation in relation to the use, ownership or maintenance of the burdened land. Subsection (2) does not apply if the covenant is expressed to be personal to the grantor or the grantee of the easement. This section does not limit or otherwise affect the Land Title Act 1994 , part 6 , division 4 or 4A . To remove any doubt, it is declared that a registered easement under this section includes a registered easement in gross. (sec.65-ssec.1) This section applies to a covenant contained in a registered easement over land (the burdened land ). (sec.65-ssec.2) If the covenant imposes an obligation, whether positive or negative, in relation to the use, ownership or maintenance of the burdened land, the covenant binds the grantor and the grantee of the easement, and each of their successors in title. (sec.65-ssec.3) A covenant imposes an obligation in relation to the use, ownership or maintenance of the burdened land if the covenant imposes an obligation— to maintain or repair the burdened land; or to construct, maintain, repair or replace improvements or infrastructure on the burdened land used in connection with the easement; or to pay for or contribute to the performance of an obligation mentioned in paragraph (a) or (b) ; or to pay for or contribute to rates or taxes relating to the burdened land; or to indemnify a party to the easement in connection with the use of the easement; or to insure, pay for or contribute to insurance in connection with the use of the easement. (sec.65-ssec.3A) Subsection (3) does not limit the covenants that may impose an obligation in relation to the use, ownership or maintenance of the burdened land. (sec.65-ssec.4) Subsection (2) does not apply if the covenant is expressed to be personal to the grantor or the grantee of the easement. (sec.65-ssec.5) This section does not limit or otherwise affect the Land Title Act 1994 , part 6 , division 4 or 4A . (sec.65-ssec.6) To remove any doubt, it is declared that a registered easement under this section includes a registered easement in gross. - (a) to maintain or repair the burdened land; or - (b) to construct, maintain, repair or replace improvements or infrastructure on the burdened land used in connection with the easement; or - (c) to pay for or contribute to the performance of an obligation mentioned in paragraph (a) or (b) ; or - (d) to pay for or contribute to rates or taxes relating to the burdened land; or - (e) to indemnify a party to the easement in connection with the use of the easement; or - (f) to insure, pay for or contribute to insurance in connection with the use of the easement.