165Lodging and recording of agreements

165 Lodging and recording of agreements S. 165(1) amended by No. 71/1995 s. 13(6). (1) Without delay after entering into an agreement under section 163 or 164 or after an agreement is terminated or varied, a reporting authority or council (as the case requires) must— (a) lodge a copy of the agreement or variation with the Building Appeals Board or give notice of the termination to the Board; and S. 165(1)(b) substituted by No. 85/1998 s. 24(Sch. item 6.2). (b) apply in a form approved by the Registrar of Titles to have a recording of the agreement or the variation or termination of the agreement made in the Register. S. 165(1)(c) repealed by No. 85/1998 s. 24(Sch. item 6.2). (2) On an application under this section, the Registrar of Titles must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of the application and may dispense with the production of any relevant certificate of title or other instrument. S. 165(3) amended by No. 85/1998 s. 24(Sch. item 6.3). (3) Once an agreement is recorded in the Register under the **Transfer of Land Act 1958**— (a) the burden of any covenant in the agreement (whether positive or negative) runs with the land, even though there may be no land benefited by the covenant; and (b) any covenant in the agreement may be enforced as a restrictive covenant and binds the owner of the land and the owner's successors in title. S. 165(4) inserted by No. 85/1998 s. 24(Sch. item 6.4). (4) The amendment of this section by section 24 of the **Transfer of Land (Single Register) Act** **1998** does not affect the operation, effect or enforcement of a covenant in an agreement entered into under section 163 or 164 and registered under the **Property Law Act 1958** and existing immediately before the commencement of that section 24. Division 6—The Building Appeals Board