Victorian Consolidated Legislation

Property Law Act 1958 - SECT 78

Benefits of covenants relating to land

78. Benefits of covenants relating to land



(1) A covenant relating to any land of the covenantee shall be deemed to be
made with the covenantee and his successors in title and the persons deriving
title under him or them, and shall have effect as if such successors and other
persons were expressed.

For the purposes of this subsection in connexion with covenants restrictive of
the user of land successors in title shall be deemed to include the owners and
occupiers for the time being of the land of the covenantee intended to be
benefited.

(2) This section shall apply to covenants made
after the commencement of this Act but the repeal of section sixty-four of the
Conveyancing Act 1915 shall not affect the operation of covenants to which
that section or any corresponding previous enactment applied.