Section 286 — Property Law Act 2007: Covenants implied in instruments by fiduciary or mortgagee

286 Covenants implied in instruments by fiduciary or mortgagee (1) This section applies to the following instruments: (a) an instrument to which section 284 or 285 applies and that is executed by a person in a fiduciary capacity ( see section 287 ) or as mortgagee: (b) a mortgage discharge instrument, or memorandum of discharge of mortgage, relating to a mortgage over land and executed by a mortgagee. (2) An instrument to which this section applies contains the implied covenants in Part 3 of Schedule 4, instead of those in Part 1 or 2 of Schedule 4. (3) The covenants implied in an instrument by this section relate only to acts and omissions by the person executing the instrument. (4) This section overrides sections 280 , 284 , and 285 . Compare: 1952 No 51 s 75