103Effect of identity of parties to covenant

103 Effect of identity of parties to covenant

(1)  A covenant which runs with freehold registered land is not affected by the same person being the registered proprietor at any time of the lands benefited and burdened by the covenant unless the covenant is expunged from the Register as provided in subsection (2) .

(2)  [Section 103 Subsection (2) amended by No. 23 of 2021, s. 87, Applied:01 Jan 2022] On the application of the registered proprietor of the lands benefited and burdened by a covenant, and proof to the Recorder’s satisfaction that the covenant would have been extinguished but for the operation of subsection (1) , the Recorder shall expunge the covenant from the Register.

(3)  *[Section 103 Subsection (3) substituted by No. 30 of 1995, s. 3 and Sched. 1 ]*A covenant comprised in a sealed plan lodged under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 is to be dealt with under Division 5 of that Part .