125. Statutory obligations
Feedback & supportFor the purposes of this section, “statutory obligation” means —
any charge on land; and
any order, award, determination, notification, resolution, by-law or proclamation affecting the title to or restricting or otherwise affecting the user of land or prescribing or authorising any act or thing to be done on land,under the provisions of any Act or regulations made thereunder, and which is intended to bind successive owners of the land.
A statutory obligation intended to affect registered land may be notified by lodging with the Registrar an instrument of statutory obligation in the prescribed form, and the Registrar shall give effect thereto by entering a notification of the particulars thereof on the relevant folio of the land-register or other instrument of title claimed to be affected by the statutory obligation, and on the duplicate instrument of title if produced for that purpose.
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 notification of an instrument of statutory obligation does not give the statutory obligation any greater operation or effect than it would have had without such notification, nor any greater effect than is claimed for it in the instrument.
Nothing in this section affects the personal liability of the proprietor of land affected by a statutory obligation at the time when the liability was first incurred or the statutory obligation first attached.
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;
A statutory obligation relating to a rate or tax may not be notified under this section unless the amount due exceeds the sum of $100 or 10% of the value of the land on which it is charged.
Where any money due under a statutory obligation is in arrear, there may be added to the amount due the costs of notification of an instrument of statutory obligation.
This section does not apply to any statutory obligation or class of statutory obligations which may from time to time be exempted from its application by rules made pursuant to section 152.[121