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StatuteProperty Law Act 2007

Section 290 — Property Law Act 2007: Restriction on liability of certain administrators or trustees on covenant under section 289

Text of the provision Official document

290 Restriction on liability of certain administrators or trustees on covenant under section 289 (1) This section applies to a transferee or assignee, under an instrument of the kind specified in section 289 , of land subject to an encumbrance, if— (a) the transferee or assignee was acquiring the land in the capacity of administrator or trustee; and (b) the transferor or assignor received written notice to that effect before the relevant deadline. (2) The relevant deadline means the execution of the instrument or, if the instrument is one for the carrying out of an agreement for the sale and purchase of the land, the execution of the agreement by the transferor or assignor. (3) A transferee or assignee to whom this section applies is liable on the covenant implied by section 289 not personally, but only to the extent of the assets of the estate or trust in the administrator’s or the trustee’s hands and available for meeting the obligations under the covenant. Compare: 1952 No 51 s 73 ; 1952 No 52 s 96

Official source: legislation.govt.nz

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