PROPERTY LAW ACT 1974 - SECT 49
Implied covenants may be negatived
PROPERTY LAW ACT 1974 - SECT 49
Implied covenants may be negatived
49 Implied covenants may be negatived
(1) Subject to this Act, a covenant, power or other provision implied under
this or any other Act shall have the same force and effect, and may be
enforced in the same manner, as if it had been set out at length in the
instrument in which it is implied.
(2) Any such covenant or power may, unless
otherwise provided in this or such other Act, be negatived, varied, or
extended by—
(a) an express declaration in the instrument in which it is
implied; or
(3) Any such covenant or power so varied
or extended shall, so far as may be, operate in the like manner and with all
the like incidents, effects and consequences as if such variations or
extensions were implied under the Act .