Western Australian Consolidated Acts

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PROPERTY LAW ACT 1969 - SECT 48

48 .         Burden of covenants relating to land

        (1)         Unless a contrary intention is expressed, a covenant relating to any land of a covenantor or capable of being bound by him, shall be deemed to be made by the covenantor on behalf of himself, his successors in title and the persons deriving title under him or them, and, has effect as if those successors and other persons were expressed.

        (2)         Subsection (1) extends to a covenant to do some act relating to the land, notwithstanding that the subject-matter may not be in existence when the covenant is made.

        (3)         For the purposes of this section in connection 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.

        (4)         This section applies only to covenants made after the coming into operation of this Act.



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