New South Wales Consolidated Acts
[Search this Act]
REAL PROPERTY ACT 1900 - SECT 80A
Incorporation of provisions contained in memorandum or covenants in lease
80A Incorporation of provisions contained in memorandum or covenants in lease
(1) In this section,
"memorandum" means a memorandum in the approved form setting forth provisions
which are capable of being covenants in a dealing of a class which is
specified in the memorandum.
(2) The Registrar-General:
(a) shall file any
memorandum which has been lodged with the Registrar-General and which the
Registrar-General has not rejected under section 39 (1A), and
distinctively number and file a memorandum on the Registrar-General's own
(3) A memorandum filed under subsection (2) shall be retained by the
Registrar-General and shall, for the purposes only of section 96B, be deemed
to be part of the Register.
(4) Where a dealing relating to land under the
provisions of this Act is of a class specified in a memorandum filed under
this section and contains a provision which incorporates in the dealing (with
or without amendment) any or all of the provisions set out in that memorandum,
those provisions or, as the case may be, those provisions as amended shall be
deemed to be set out at length in the dealing.
(5) Where a lease of land
under the provisions of this Act contains a provision which incorporates in
the lease (with or without amendment) covenants set out in a specified lease
of the same land, being a lease registered under this Act, those covenants or,
as the case may be, those covenants as amended shall be deemed to be set out
at length in the firstmentioned lease.
(6) Nothing in subsections (4) and (5)
shall be construed as limiting the effect, if any, of a provision in a dealing
which incorporates in the dealing covenants or other provisions otherwise than
as referred to in those subsections.
AustLII: Copyright Policy