New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 80A

80A Incorporation of provisions contained in memorandum or covenants in lease

(1) In this section, "memorandum" means a memorandum in the approved form setting forth provisions which are capable of being covenants in a dealing of a class which is specified in the memorandum.

(2) The Registrar-General:

(a) shall file any memorandum which has been lodged with the Registrar-General and which the Registrar-General has not rejected under section 39 (1A), and

(b) may distinctively number and file a memorandum on the Registrar-General’s own behalf.

(3) A memorandum filed under subsection (2) shall be retained by the Registrar-General and shall, for the purposes only of section 96B, be deemed to be part of the Register.

(4) Where a dealing relating to land under the provisions of this Act is of a class specified in a memorandum filed in the office of the Registrar-General and contains a provision which incorporates in the dealing (with or without amendment) any or all of the provisions set out in that memorandum, those provisions or, as the case may be, those provisions as amended shall be deemed to be set out at length in the dealing.

(5) Where a lease of land under the provisions of this Act contains a provision which incorporates in the lease (with or without amendment) covenants set out in a specified lease of the same land, being a lease registered under this Act, those covenants or, as the case may be, those covenants as amended shall be deemed to be set out at length in the firstmentioned lease.

(6) Nothing in subsections (4) and (5) shall be construed as limiting the effect, if any, of a provision in a dealing which incorporates in the dealing covenants or other provisions otherwise than as referred to in those subsections.