Land Titles Act 1993 · 2020 Revised Edition · Part 14 · Restrictive Covenants
139. Notification of restrictions
Feedback & supportAny proprietor entitled to burden registered land with restrictions may do so by an instrument in the approved form and, subject to this section, the Registrar must enter a notification of the restrictions on the folio comprising the servient land.
proprietor
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;
Unless so notified a restriction does not bind assigns of the land affected thereby.
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;
The Registrar must not enter a notification of any such instrument unless —
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.
instrument
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;
An instrument containing a restraint on the right of a proprietor to alienate or otherwise to dispose of land must not be notified on the land‑register under this section.
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;
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.
The Registrar must not enter on the folio 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.
folio
“folio” means a folio of the land‑register, whether qualified or unqualified as to title;
The Registrar may, upon the application of the proprietor of the servient land, or of his or her 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.