Victorian Consolidated Legislation

Property Law Act 1958 - SECT 142

Obligation of lessor's covenants to run with reversion

142. Obligation of lessor's covenants to run with reversion



(1) The obligation under a condition or of a covenant entered into by a lessor
with reference to the subject-matter of the lease shall, if and as far as the
lessor has power to bind the reversionary estate immediately expectant on the
term granted by the lease, be annexed and incident to and shall go with that
reversionary estate, or the several parts thereof, notwithstanding severance
of that reversionary estate, and may be taken advantage of and enforced by the
person in whom the term is from time to time vested by conveyance, devolution
in law, or otherwise; and if and as far as the lessor has power to bind the
person from time to time entitled to that reversionary estate, the obligation
aforesaid may be taken advantage of and enforced against any person so
entitled.

(2) This section shall apply to leases made
before or after the commencement of this Act, whether the severance of the
reversionary estate was effected before or after such commencement:

Provided that, where the lease was made before the thirty-first day of January
One thousand nine hundred and five nothing in this section shall affect the
operation of any severance of the reversionary estate effected before the
commencement of the Property Law Act 1928. This section shall take effect
without prejudice to any liability affecting a covenantor or his estate.