Western Australian Current Acts Western Australian Current Acts (1) Restrictive
covenants may be created and made binding in respect of land under this Act so
far as the law permits by instruments in an approved form, but no such
covenant affecting land subject to a mortgage, charge, carbon right, carbon
covenant or plantation interest shall be registered unless the mortgagee,
annuitant, or proprietor of the carbon right, carbon covenant or plantation
interest has consented in writing thereto prior to the same being registered.
(2) Nothing in
subsection (1) limits the creation of a restrictive covenant under Part IVA.
(3) Notwithstanding
section 52(2), the Registrar may register an instrument creating a restrictive
covenant (other than a restrictive covenant created under Part IVA) without
entering a memorandum of the restrictive covenant on the certificate of title
for the land (if any) benefited by the restrictive covenant.
(4) Nothing in
subsection (3) shall be read as affecting any requirement, in relation to the
registration of an instrument creating a restrictive covenant, to enter a
memorandum of the restrictive covenant on the certificate of title for the
land burdened by the restrictive covenant.
(5) Subject to
subsection (6) or (7), where a restrictive covenant is created under Part IVA,
the Registrar shall enter a memorandum of the restrictive covenant on the
certificate of title for the land (if any) benefited, and the land burdened,
by the restrictive covenant.
(6) If a restrictive
covenant is created under Part IVA by notation on a scheme plan as defined in
the Strata Titles Act 1985 section 3(1) or as a short form easement or
restrictive covenant under that Act, it is not necessary for a memorandum of
the restrictive covenant to be entered on the certificates of title for the
dominant and servient tenements that are also a subject of that plan.
(7) If a restrictive
covenant is created under Part IVA by notation on a scheme plan for a
community titles scheme under the Community Titles Act 2018 or as a short
form easement or restrictive covenant under that Act, it is not necessary for
a memorandum of the restrictive covenant to be entered on the certificates of
title for the dominant and servient tenements that are also a subject of that
plan.
[Section 129A inserted: No. 17 of 1950 s. 34;
amended: No. 81 of 1996 s. 74; No. 56 of 2003 s. 16; No. 2 of 2014 s. 75; No.
30 of 2018 s. 199; No. 32 of 2018 s. 255.]