Division 170 Benefit of covenants relating to land
(1) A covenant relating to any land of the covenantee shall be deemed to be made with the covenantee and the covenantee’s successors in title and the persons deriving title under the covenantee or them, and shall have effect as if such successors and other persons were expressed.For the purposes of this subsection in connection with covenants restrictive of the user of land successors in title shall be deemed to include the owners and occupiers for the time being of the land of the covenantee intended to be benefited.
(2) This section applies to covenants whether express or implied under this or any other Act made or implied after the commencement of the Conveyancing (Amendment) Act 1930, but the repeal of the section for which this section is substituted does not affect the operation of covenants to which the repealed section applied.
70A Burden of covenants relating to land
(1) A covenant relating to any land of a covenantor or capable of being bound by the covenantor by covenant shall, unless a contrary intention is expressed, be deemed to be made by the covenantor on behalf of himself or herself and the covenantor’s successors in title, and the persons deriving title under the covenantor or the covenantor’s successors in title, and, subject as aforesaid, shall have effect as if such successors and other persons were expressed.This subsection extends to a covenant to do some act relating to the land, notwithstanding that the subject matter may not be in existence when the covenant is made.
(2) For the purposes of this section in connection with covenants restrictive of the user of land successors in title shall be deemed to include the owners and occupiers for the time being of such land.(3) This section applies only to covenants made or implied after the commencement of the Conveyancing (Amendment) Act 1930.
71 Effect of covenant with two or more jointly
(1) A covenant, whether express, or implied under this or any other Act, and a contract by deed, and a bond or obligation by deed, made with two or more jointly, to pay money or to make a conveyance, or to do any other act, to them or for their benefit, shall be deemed to include, and shall by virtue of this Act imply, an obligation to do the act to, or for the benefit of, the survivor or survivors of them, and to or for the benefit of any other person to whom the right to sue on the covenant, contract, bond, or obligation devolves.(2) This section applies only if and as far as a contrary intention is not expressed in the covenant, contract, bond, or obligation, and shall have effect subject to the covenant, contract, bond, or obligation, and to the provisions therein contained.(3) This section applies only to a covenant, contract, bond, or obligation made or implied after the commencement of this Act.
72 Covenants etc by a person with himself or herself and another, or others
(1) A covenant, whether express, or implied under this or any other Act, or an agreement made by a person with himself or herself and another or others shall be construed and be capable of being enforced in like manner as if the covenant or agreement had been made with the other or others.(2) This section applies to covenants or agreements made or implied before or after the commencement of this Act.
73 Implied covenants to be joint and several
(1) Where a covenant is implied under this or any other Act, and more persons than one are covenantors, such covenant shall be deemed to bind the covenantors and any two or greater number of them jointly and each of them severally.(2) Section eighty, subsection four of the Real Property Act 1900 is hereby repealed.
74 Implied covenants may be negatived etc
(1) A covenant or power implied under this or any other Act shall have the same force and effect, and may be enforced in the same manner, as if it had been set out at length in the deed wherein it is implied.(2) Any such covenant or power may, unless otherwise provided in this or such other Act, be negatived, varied, or extended by:(a) an express declaration in the deed wherein it is implied, or(b) another deed.(3) Any such covenant or power so varied or extended shall, so far as may be, operate in the like manner and with all the like incidents, effects, and consequences as if such variations or extensions were implied under the Act.
75 Benefit of implied covenants
The benefit of a covenant implied under this or any other Act shall be annexed and incident to, and shall go with the estate or interest of the implied covenantee, and shall be capable of being enforced by every person in whom that estate or interest is for the whole or any part thereof from time to time vested.
76 Construction of implied covenants and provisions
In the construction of a covenant, or proviso, or other provision implied in a deed by virtue of this or any other Act words importing the singular or plural number or the masculine gender shall be read as also importing the plural or singular number or as extending to females as the case may require.
77 No implied rights in certain cases
No exchange or partition of any land made by deed executed after the commencement of this Act shall imply any condition in law, and the word “give” or the word “grant” in a deed executed after the commencement of this Act shall not imply any covenant in respect of any lands.