Land Titles Act · 1985 Revised Edition · Part V · Instruments
57. Covenants in instruments: Words of succession implied
Feedback & supportIn instruments registered under the provisions of this Act, unless a contrary intention is expressed, covenants relating to land shall be deemed to be made by the covenantor and his successors in title with the covenantee and his successors in title and shall have effect as if such successors were expressly referred to therein.
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;
Nothing in this section enlarges or extends the power of a covenantor to burden land in the hands of his successors in title.[53