Land And Conveyancing Law Reform Act 2009

Chapter 4

Freehold covenants

48.

Interpretation of Chapter 4.

48.— In this Chapter, unless the context otherwise requires—

“developer” means the person who creates a scheme of development and that person’s successors in title;

“dominant land” means freehold land with the benefit of a covenant to which other freehold land is subject; and “dominant owner” shall be read accordingly and includes persons deriving title from or under that owner;

“freehold covenant” means a covenant attaching to dominant land and servient land which has been entered into after the commencement of this Chapter;

“persons deriving title” include—

( a) a person who has acquired title to the land by possession under the Act of 1957;

( b) a mortgagee, or receiver appointed by a mortgagee, in possession of the land;

“scheme of development” means a development of land under which—

( a) the land is, or is intended to be, subdivided into 2 or more parts for conveyance in fee simple to each owner of a part;

( b) there is an intention as between the developer and the owners of parts to create reciprocity of covenants in accordance with section 49 (3) ;

( c) that intention is expressed in each conveyance to the owners of parts or implied from the covenants in question as they relate to the parts and the proximity of the relationship between their owners;

“servient land” means freehold land which is subject to a covenant benefiting other freehold land; and “servient owner” shall be read accordingly and includes—

( a) persons deriving title from or under that owner, but not a tenant for a period less than 5 years,

( b) in the case of a covenant which is restrictive in substance, a licensee or other person in occupation of the land with or without the consent of that owner.