New South Wales Consolidated Acts

NATURE CONSERVATION TRUST ACT 2001 - SECT 37

37 Registered agreement to run with land

(1) A Trust agreement that has been registered by the Registrar-General and that is in force is binding on, and enforceable by and against, the successors in title to the landholder who entered into the agreement as if the successor in title were a party to the original agreement.

(2) A successor in title to a landholder who is party to a registered Trust agreement:

(a) is taken to have notice of the agreement, and

(b) is taken to be a party to the agreement for the purpose of effecting a variation or termination of the agreement in accordance with this Act.

(3) In this section:
"successor in title" includes a mortgagee, chargee, covenant chargee or other person in possession of land to which a Trust agreement relates pursuant to a mortgage, charge, positive covenant or other encumbrance entered into before the registration of the Trust agreement.