Section 307 — Property Law Act 2007: Notification of covenants

307 Notification of covenants (1) This section applies to a covenant that— (a) is a positive covenant or a restrictive covenant; and (b) burdens land under the Land Transfer Act 1952 ; and (c) benefits other land (whether under that Act or not); and (d) is expressed in an instrument coming into operation on or after the relevant date. (2) Relevant date , in subsection (1)(d), means,— (a) for a restrictive covenant, 1 January 1953 (which is the date on which the Property Law Act 1952 came into force); and (b) for a positive covenant, 1 January 1987 (which is the application date specified in section 64A(6) of the Property Law Act 1952, as inserted by section 3 of the Property Law Amendment Act 1986). (3) The Registrar-General may enter in the register (as defined in section 2 of the Land Transfer Act 1952) relating to the burdened land, the benefited land, or both, a notification of all or any of the following: (a) a covenant to which this section applies: (b) an instrument purporting to affect the operation of a covenant notified under paragraph (a): (c) a modification or revocation of a covenant notified under paragraph (a). (4) A covenant notified under subsection (3) is an interest notified on the register relating to the burdened land for the purposes of section 62 of the Land Transfer Act 1952. (5) Notification of a covenant under subsection (3) makes the covenant an interest of the kind specified in subsection (4), but does not in any other way give the covenant any greater operation than it would otherwise have. (6) Covenant , in subsections (4) and (5), includes an instrument purporting to modify the operation, and a modification or revocation, of a covenant notified under subsection (3)(a). Compare: 1952 No 51 s 126A