122. Notification of restrictions
Feedback & supportAny proprietor entitled to burden registered land with restrictions may do so by an instrument in the prescribed form and, subject to this section, the Registrar shall enter a notification of the restrictions on the folio of the land-register comprising the servient land. Unless so notified a restriction does not bind assigns of the land affected thereby.
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio of the land-register;
The Registrar shall not enter a notification of any such instrument unless —
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
obligations which it purports to create are negative or restrictive; and
the instrument clearly indicates the dominant and servient land.
The Registrar may refuse to enter a notification of an instrument purporting to create a restriction if the obligations contained in the instrument are in part positive or affirmative.
restriction
“restriction” means a restriction on the user of registered land created expressly by a covenant other than a covenant contained in a mortgage, charge or lease;
An instrument containing a restraint on the right of a proprietor to alienate or otherwise to dispose of land shall not be notified on the land-register pursuant to this section.
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
The notification of an instrument containing a restriction which would not have been binding on assigns of the servient land does not give the instrument any greater operation or effect than it would have had without that notification.
servient land
“servient land” means the land subject to the burden of a restriction.[117
The Registrar shall not enter on the folio of the land-register a notification of any restriction contained in an instrument executed before the servient land was brought under the provisions of this Act unless the restriction appears to be enforceable wholly or in part against assigns of that land.
The Registrar may, upon the application of the proprietor of the servient land, or of his own motion, cancel the notification of an instrument creating a restriction which has become unenforceable against assigns of that land, or which for any reason should not have been notified.[118