Victorian Consolidated Legislation

Property Law Act 1958 - SECT 80

Covenants binding land

80. Covenants binding land



(1) A covenant and a bond and an obligation or contract under seal made after
the thirty-first day of January One thousand nine hundred and five shall
operate to bind the real estate as well as the personal estate of the person
making the same if and so far as a contrary intention is not expressed in the
covenant, bond, obligation or contract.

This subsection shall extend to a covenant implied by virtue of this Part22.

(2) Every covenant running with the land, whether entered into
before or after the commencement of this Act, shall take effect in accordance
with any statutory enactment affecting the devolution of the land, and
accordingly the benefit or burden of every such covenant shall vest in or bind
the persons who by virtue of any such enactment or otherwise succeed to the
title of the covenantee or the covenantor, as the case may be.

(3) The benefit of a covenant relating to land entered into
after the commencement of this Act may be made to run with the land without
the use of any technical expression if the covenant is of such a nature that
the benefit could have been made to run with the land before the commencement
of this Act.

(4) For the purposes of this section, a covenant runs with the land when the
benefit or burden of it, whether at law or in equity, passes to the successors
in title of the covenantee or the covenantor, as the case may be.