Land Titles Act 1993 · 2020 Revised Edition · Part 14 · Restrictive Covenants
138. Interpretation of this Part
Feedback & supportIn this Part —“dominant land” means the land to which the benefit of a restriction is annexed;“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;“servient land” means the land subject to the burden of a restriction.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, 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;
“dominant land” means the land to which the benefit of a restriction is annexed;
“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;
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio;
“servient land” means the land subject to the burden of a restriction.