Land Titles Act 1993 · 2020 Revised Edition · Part 6 · Instruments
62. 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 are deemed to be made by the covenantor and the covenantor’s successors in title with the covenantee and the covenantee’s successors in title and have effect as if such successors were expressly referred to therein.
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;
Nothing in this section enlarges or extends the power of a covenantor to burden land in the hands of the covenantor’s successors in title.