Land Titles Act 1980
104Discharge of covenants
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104 Discharge of covenants
(1) *[Section 104 Subsection (1) amended by No. 21 of 1996, s. 19 ]*A covenant of a kind mentioned in paragraph (a) , paragraph (c) , or paragraph (d) of section 102 (2) may be discharged by a dealing in an approved form executed –
(a) where the land to which the benefit of the covenant is annexed is registered land, by the registered proprietor of that land and any other person having a registered interest in that land; or
(b) where the land to which the benefit of the covenant is annexed is not registered land, by a person entitled wholly to discharge the covenant.
(2) When a dealing made under this section is lodged for registration, the Recorder shall record it on the relevant folio of the Register.
(3) Where a dealing is executed under subsection (1) (b) , the Recorder shall not be concerned to investigate the title of the person executing it.