81JRegistrar-General may extinguish a restrictive covenant without receiving an application

81J Registrar-General may extinguish a restrictive covenant without receiving an application

81J Registrar-General may extinguish a restrictive covenant without receiving an application

(1) The Registrar-General may extinguish a restrictive covenant without receiving an application if the Registrar-General is satisfied that—

(a) the restrictive covenant is expressed to be limited in operation, and the time of its operation has expired, or

(b) the separate parcels of land that were respectively burdened and benefited by the restrictive covenant have been consolidated into a single parcel, or

(c) the restrictive covenant is personal to the covenantee or that the covenantee owned no neighbouring land in connection with which the benefits of the covenant can be enjoyed, or

(d) there is no express annexation of the benefit of the covenant to ascertainable land and the relevant covenant was created before 1 July 1920, or

(e) the restrictive covenant has no practical value or no practical application.

(2) This section does not apply if the Registrar-General has received an application under this Part to extinguish the relevant restrictive covenant and has not rejected the application under Division 2 or 3.

s 81J: Ins 1998 No 31, Sch 1 [21].