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Retirement Villages Act 1986
14Enforcement of residence right
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14 Enforcement of residence right
(1) A contract which is entered into after the commencement of this section between a resident and an owner of retirement village land and which creates or gives rise to a residence right binds the successors in title of the owners while the contract remains in force as if the successors had also entered into the contract.
(2) A contract which was entered into before the commencement of this section between the resident and an owner of retirement village land and which created or gave rise to a residence right binds the successors in title of the owners from the date on which a retirement village notice is registered in respect of the land until the contract ceases to be in force.
(3) In this section ***successor in title*** includes a person who acquires any interest in or right affecting land or has a mortgage, charge or other encumbrance over land.
(4) Subject to section 7 and to this section a residence right is subject to the terms of the contract which created or gave rise to it.
S. 14(5) amended by No. 18/1989 s. 13(Sch. 2 item 72(b)
(i)(ii)), substituted by No. 85/1998 s. 24(Sch. item 52.9).
(5) If in respect of retirement village land—
(a) a retirement notice was registered under the **Property Law Act** **1958** before the commencement of section 22 of the **Transfer of Land (Single Register) Act** **1998**; or
(b) a recording of a retirement village notice is made in the Register under the **Transfer of Land Act 1958**—
the rights of a person who, after the notice is registered or recorded but before the residence right is created, becomes the holder of a mortgage, charge or encumbrance over the land are subject to any residence rights subsequently created over the land.
S. 15 substituted by No. 109/1997 s. 533(Sch. 2 item 11.1).