124. Duration of restrictions
Feedback & supportUnless extended in the manner provided by this section, a restriction ceases to be enforceable against assigns of the servient land at the expiration of 20 years from the date of entry of a notification thereof on the land-register, and the Registrar shall cancel that notification.
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;
A restriction which has not become unenforceable may from time to time be extended by an instrument in the prescribed form executed by any person having an interest in the dominant land and entitled to the benefit of the restriction, and the Registrar shall notify any such extension on each folio of the land-register on which the restriction is notified.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
Each instrument of extension may prolong the duration of a restriction for a period of 10 years from the date on which the instrument of extension has been notified in the land-register.
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;
Where for any reason (other than the expiration of the period referred to in subsection (1) and of any extension of that period) a restriction would have become unenforceable, an instrument of extension does not prolong the duration of the restriction beyond the time for which it would otherwise have enured.
Where the dominant land is not under the provisions of this Act, the Registrar, for the purpose of entering a notification of any instrument of extension executed by a person claiming to have an interest in that land, shall not be concerned to investigate the title to that land; but such a notification does not prolong the duration of the restriction unless the person executing the instrument of extension was, at the relevant time, entitled to the interest which he claimed to have.
dominant land
“dominant land” means the land to which the benefit of a restriction is annexed;
Any restriction extended pursuant to this section enures for the benefit of every person who, during the period of the extension, is entitled to an interest in the dominant land.[120