Part 5Miscellaneous provisions
General provisions: Covenants implied in instruments
208Implied covenants requiring persons to give effect to instruments
The covenants referred to in subsection (2) are implied in every instrument used to create, transfer, or charge an estate or interest under this Act on the part of the person creating, transferring, or charging the estate or interest under the instrument (person A) with the person deriving the estate or interest under the instrument (person B).
The covenants are that person A will, before or after registration of the instrument,—
- do everything necessary to give effect to the terms, conditions, and other covenants stated or implied in the instrument; and
- on request by person B and at person B's cost, execute any instruments necessary for person B to acquire the estate or interest.