(1)Any person entitled to the benefit of a restrictive covenant or agreement (not being a covenant or agreement made between a lessor and lessee) with respect to the building on or other user of registered land may apply to the registrar to enter notice thereof on the register, and where practicable the notice shall be by reference to the instrument, if any, which contains the covenant or agreement, and a copy or abstract of such instrument shall be filed at the registry; and where any such covenant or agreement appears to exist at the time of first registration, notice thereof shall be entered on the register. In the case of registered land the notice aforesaid shall take the place of registration as a land charge.
(2)When such a notice is entered the proprietor of the land and the persons deriving title under him (except incumbrancers or other persons who at the time when the notice is entered may not be bound by the covenant or agreement) shall be deemed to be affected with notice of the covenant or agreement as being an incumbrance on the land.
(3)Where the covenant or agreement is discharged [F1modified or dealt with]by an order under the M1Law of Property Act 1925, or otherwise, or the court refuses to grant an injunction for enforcing the same, the entry shall either be cancelled or reference made to the order or other instrument and a copy of the order, judgment, or instrument shall be filed at the registry.
(4)The notice shall, when practicable, refer to the land, whether registered or not, for the benefit of which the restriction was made.
Textual Amendments
F1Words substituted by Law of Property Act 1969 (c. 59, SIF 98:1), s. 28(7)
Marginal Citations
M11925 c. 20 (98:1).