Property Law Act 2007
Sections and provisions with full text and the judgments that cite each one.
Section 279 — Construction and variation, etc, of implied covenants
279 Construction and variation, etc, of implied covenants (1) A covenant implied, by this Act or any other enactment, in an instrument or in a short-term lease not made in writing has the same force…
Section 280 — Covenants implied by this Act are generally cumulative
280 Covenants implied by this Act are generally cumulative (1) Covenants implied, by a provision of this Act, in an instrument or in a short-term lease not made in writing apply together with, and…
Section 281 — Only by enactments can covenants be implied as matter of law in certain instruments relating to property, etc
281 Only by enactments can covenants be implied as matter of law in certain instruments relating to property, etc (1) This section applies to an instrument or lease coming into operation after 31…
Section 282 — Application of subpart
282 Application of subpart This subpart applies only to instruments coming into operation after 31 December 2007, and references in this subpart to an instrument must be construed accordingly.
Section 283 — Covenants implied unless contrary intention expressed
283 Covenants implied unless contrary intention expressed A covenant is implied in an instrument under any of sections 284 to 286 , 288 , and 289 unless a contrary intention is expressed— (a) by the…
Section 284 — Covenants implied in instruments creating, transferring, or assigning estates or interests in land
284 Covenants implied in instruments creating, transferring, or assigning estates or interests in land (1) An instrument contains the implied covenants in Part 1 of Schedule 4 if the instrument is…
Section 285 — Covenant implied in instruments transferring or assigning lease of land
285 Covenant implied in instruments transferring or assigning lease of land (1) An instrument contains the implied covenant in Part 2 of Schedule 4 if the instrument is one that, for valuable…
Section 286 — 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…
Section 287 — When person executes instruments in fiduciary capacity for purposes of section 286
287 When person executes instruments in fiduciary capacity for purposes of section 286 (1) For the purposes of section 286 , a person executes an instrument in a fiduciary capacity if that person…
Section 288 — Covenants implied in encumbrances of property
288 Covenants implied in encumbrances of property (1) An instrument that creates an encumbrance over property contains the implied covenants in Part 4 of Schedule 4. (2) The covenants implied in an…
Section 289 — Covenant implied in transfers or assignments of land subject to encumbrance
289 Covenant implied in transfers or assignments of land subject to encumbrance An instrument that transfers or assigns land subject to an encumbrance contains the implied covenant for the…
Section 290 — Restriction on liability of certain administrators or trustees on covenant under section 289
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 291 — Easements in gross permitted
291 Easements in gross permitted (1) An easement over land may be created in gross (that is, without being attached to and benefiting other land) for the benefit of any person. (2) An easement in…
Section 292 — Easement includes profit, etc, in sections 293 to 296
292 Easement includes profit, etc, in sections 293 to 296 In sections 293 to 296 , easement includes a profit à prendre or other incorporeal right.
Section 293 — Easements, etc, granted for fixed term: benefits
293 Easements, etc, granted for fixed term: benefits (1) This section applies only after a person (the grantor ) has made a grant, for a fixed term, of an easement, and only to— (a) the benefits, to…
Section 294 — Easements, etc, granted for fixed term: burden
294 Easements, etc, granted for fixed term: burden (1) This section applies to an easement granted by a person (the grantor ) for a fixed term. (2) The grantor’s obligations under the easement burden…
Section 295 — Easements, etc, granted for fixed term: apportionment after severance of reversion as regards land or estate
295 Easements, etc, granted for fixed term: apportionment after severance of reversion as regards land or estate (1) This section applies to an easement granted for a fixed term if there has been—…
Section 296 — Easements, etc, can no longer be acquired by prescription
296 Easements, etc, can no longer be acquired by prescription (1) After 31 December 2007, no period of time runs, or continues to run, in favour of a person who, but for this subsection, would, at…
Section 297 — Covenants implied in grant of vehicular right of way
297 Covenants implied in grant of vehicular right of way (1) Every grant of a vehicular right of way contains the implied covenants in Schedule 5 , except in so far as all or any of those implied…
Section 298 — Rights of proprietors of access lot that is or includes driveway or proposed driveway
298 Rights of proprietors of access lot that is or includes driveway or proposed driveway (1) This section applies to the proprietors of an access lot that is or includes a driveway or proposed…
Section 299 — Grant of easement of light or air
299 Grant of easement of light or air (1) A right to the access of light or air to any land or building from or over the burdened land is enforceable only if— (a) granted by an easement and in a way…
Section 300 — Effect of easement of light or air
300 Effect of easement of light or air (1) An easement that is enforceable under section 299(1) (the easement ) confers on the person entitled, in respect of the area on and over the burdened land…
Section 301 — Construction of covenants relating to land: benefits
301 Construction of covenants relating to land: benefits (1) This section applies to a covenant benefiting land of the covenantee, whether expressed in an instrument or implied by this Act or any…
Section 302 — Construction of covenants relating to land: burdens
302 Construction of covenants relating to land: burdens (1) This section applies to a covenant burdening land of the covenantor, whether expressed in an instrument or implied by this Act or any other…
Section 303 — Legal effect of covenants running with land
303 Legal effect of covenants running with land (1) This section applies to a restrictive covenant, and also to a positive covenant coming into operation on or after 1 January 1987 (which is the…
Section 304 — Whether, and to what extent, administrator bound by covenant to which section 303 applies
304 Whether, and to what extent, administrator bound by covenant to which section 303 applies (1) This section applies to an administrator of the estate of a person who was bound, at the time of that…
Section 305 — How rights under covenant to which section 303 applies rank in relation to other unregistered interests
305 How rights under covenant to which section 303 applies rank in relation to other unregistered interests (1) The rights under a covenant to which section 303 applies rank, in relation to all other…
Section 306 — Certain duties under, and law on, restrictive covenants not limited or affected by section 303
306 Certain duties under, and law on, restrictive covenants not limited or affected by section 303 Section 303 does not limit or affect the following: (a) the duty owed by a person holding an…
Section 307 — 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)…
Section 308 — Person entitled may give notice of work required
308 Person entitled may give notice of work required (1) This section applies to a positive covenant benefiting land, and to the people who, in relation to that positive covenant, are the person…
Section 309 — Requirements for notice served under section 308
309 Requirements for notice served under section 308 Every notice served under section 308 must— (a) specify the work required to be undertaken, with sufficient details to enable the person bound to…
Section 310 — Person bound who does not agree may serve cross-notice
310 Person bound who does not agree may serve cross-notice (1) This section applies to proposals, in a notice served under section 308 calling on the person bound to undertake, or to contribute to…
Section 311 — Circumstances in which person bound is not liable
311 Circumstances in which person bound is not liable (1) The person bound is not liable to contribute to the cost of any part of the proposed work if that work is carried out in the period starting…
Section 312 — Person entitled or person bound ceasing to be owner or occupier
312 Person entitled or person bound ceasing to be owner or occupier (1) If, after the service of a notice under section 308 , but before the question of undertaking or contributing to the cost of the…
Section 313 — Court may enforce easements and positive or restrictive covenants
313 Court may enforce easements and positive or restrictive covenants (1) In determining a question or dispute concerning the existence or effect of an easement, positive covenant, or restrictive…
Section 314 — Duties of court making order under section 313(1)(e) on sharing of cost of work under vehicular right of way
314 Duties of court making order under section 313(1)(e) on sharing of cost of work under vehicular right of way (1) This section applies to a court making an order under section 313(1)(e) in…
Section 315 — Application of sections 313 and 317, etc, to access lots
315 Application of sections 313 and 317, etc, to access lots Sections 313 , 314 , and 316 to 318 apply, subject to the following modifications, to an access lot that is or includes a driveway or…
Section 316 — Application for order under section 317
316 Application for order under section 317 (1) A person bound by an easement, a positive covenant, or a restrictive covenant (including a covenant expressed or implied in an easement) may make an…
Section 317 — Court may modify or extinguish easement or covenant
317 Court may modify or extinguish easement or covenant (1) On an application (made and served in accordance with section 316 ) for an order under this section, a court may, by order, modify or…
Section 318 — Registration and recording of orders under section 317
318 Registration and recording of orders under section 317 (1) The Registrar-General must enter in the register (as defined in section 2 of the Land Transfer Act 1952) relating to the burdened land…
Section 319 — Owner or occupier of land may apply to court for order authorising entry onto or over neighbouring land
319 Owner or occupier of land may apply to court for order authorising entry onto or over neighbouring land (1) A person may apply to a court for an order under section 320 if the person is an owner…
Section 320 — Powers of court making order authorising entry onto or over neighbouring land
320 Powers of court making order authorising entry onto or over neighbouring land (1) On an application under section 319(1) , the court may make an order authorising the applicant to do either or…
Section 321 — Interpretation
321 Interpretation In this subpart,— land — (a) means any piece or area of land; and (b) includes the airspace over that land; and (c) in the case of land actually occupied by a wrongly placed…
Section 322 — Certain persons may apply for relief for wrongly placed structure
322 Certain persons may apply for relief for wrongly placed structure (1) The following persons may apply to a court for relief, under section 323 , for a wrongly placed structure: (a) the owner,…
Section 323 — Court may grant relief for wrongly placed structure
323 Court may grant relief for wrongly placed structure (1) A court may grant relief for a wrongly placed structure— (a) to any person entitled to apply for relief under section 322 ; or (b) to any…
Section 324 — Matters court may consider in determining application for relief
324 Matters court may consider in determining application for relief (1) In determining an application, under section 322 , for relief under section 323 , the court may have regard to— (a) the…
Section 325 — Orders court may make
325 Orders court may make (1) In granting relief under section 323 on an application under section 322 , the court may make 1 or more orders to the following effect: (a) requiring any land specified…
Section 326 — Interpretation
326 Interpretation In this subpart,— landlocked land means a piece of land to which there is no reasonable access reasonable access , in relation to land, means physical access for persons or…
Section 327 — Owner or occupier of landlocked land may apply to court
327 Owner or occupier of landlocked land may apply to court (1) An owner or occupier of landlocked land may apply to a court for an order under section 328(1) granting reasonable access to any such…
Section 328 — Court may grant reasonable access to landlocked land
328 Court may grant reasonable access to landlocked land (1) A court, on an application under section 327 , may— (a) make an order granting reasonable access to the landlocked land; and (b) for that…