Victorian Consolidated Legislation

Retirement Villages Act 1986 - SECT 14

Enforcement of residence right

14. Enforcement of residence right



(1) A contract which is entered into after the commencement of this section
between a resident and an owner of retirement village land and which creates
or gives rise to a residence right binds the successors in title of the owners
while the contract remains in force as if the successors had also entered into
the contract.

(2) A contract which was entered into before the commencement of this section
between the resident and an owner of retirement village land and which created
or gave rise to a residence right binds the successors in title of the owners
from the date on which a retirement village notice is registered in respect of
the land until the contract ceases to be in force.

(3) In this section successor in title includes a person who acquires any
interest in or right affecting land or has a mortgage, charge or other
encumbrance over land.

(4) Subject to section 7 and to this section a residence right is subject to
the terms of the contract which created or gave rise to it.

(5) If in respect of retirement village land-

   (a)  a retirement notice was registered under the Property Law Act 1958
        before the commencement of section 22 of the Transfer of Land (Single
        Register) Act 1998; or



   (b)  a recording of a retirement village notice is made in the Register
        under the Transfer of Land Act 1958-

the rights of a person who, after the notice is registered or recorded but
before the residence right is created, becomes the holder of a mortgage,
charge or encumbrance over the land are subject to any residence rights
subsequently created over the land.