Land Transfer Act 2017

Miscellaneous provisions - Amendments, repeals, and revocations - Amendments to Property Law Act 2007

238: Section 4 amended (Interpretation)

You could also call this:

"Changing what some words mean in the Land Transfer Act"

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You are looking at a change to the Land Transfer Act 2017. This change is to a part called section 4, which is about what certain words mean. It updates the meaning of 'person bound' to include a covenant in gross, as defined by section 307A. You will also see a change to the meaning of 'person entitled'. This term now has a new definition that explains who is entitled to enforce certain types of agreements, such as easements or covenants. It says who can enforce these agreements in relation to land or a covenant in gross, as defined by section 307A, which you can find in the related legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731460.

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"A new title is added before section 301, called 'Positive and restrictive covenants'."

Part 5Miscellaneous provisions
Amendments, repeals, and revocations: Amendments to Property Law Act 2007

238Section 4 amended (Interpretation)

  1. In section 4, definition of person bound, replace or a restrictive covenant with a restrictive covenant, or a covenant in gross (as defined by section 307A).

  2. In section 4, replace the definition of person entitled with:

    person entitled means,—

    1. in relation to an easement, a positive covenant, or a restrictive covenant benefiting land, an owner or occupier of the land who is entitled to enforce the easement or covenant:
      1. in relation to a covenant in gross (as defined by section 307A), a person who benefits from and is entitled to enforce the covenant