Section 90F — Land Transfer Act 1952: Creating and noting land covenants

90F Creating and noting land covenants (1) Any covenant that may be contained in an instrument to which section 307 of the Property Law Act 2007 applies— (a) may also be created in the same way as an easement may be created under section 90A or section 90B ; but (b) subject to section 307 of the Property Law Act 2007, has effect only as a deed inter partes . (2) Sections 90A to 90E apply with any necessary modifications to covenants created under subsection (1) , subject to the following exceptions: (a) sections 90A(5) and 90B(6) operate only to create covenants with effect only as a deed inter partes : (b) sections 90A(6) and 90B(7) do not apply. (3) Sections 4 , 8(1) and (2)(c) , 23(2) , 275 to 279 , 301 to 307 , and 316 to 318 of the Property Law Act 2007 apply to covenants created under subsection (1) . (4) A notification under section 307 of the Property Law Act 2007 does not give a covenant created under subsection (1) any greater force than it would have had if created in some other way. (5) Subsection (4) is for the avoidance of doubt. Sections 90B to 90F were inserted, as from 29 September 1961, by section 3 Land Transfer Amendment Act 1961 (1961 No 9). Sections 90 to 90F were substituted, as from 26 August 2002, by section 43 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11). See section 66 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11) as to the transitional provisions relating to easements. See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216). Subsection (1) was substituted, as from 17 May 2005, by section 8 Land Transfer Amendment Act 2005 (2005 No 58). Section 90F(1): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91). Section 90F(1)(b): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91). Section 90F(3): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91). Section 90F(4): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).