Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 129A

129A .         Creation of restrictive covenants

        (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), 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.

        [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.]



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