Section 93Part 5 — Dispositions
Positive and restrictive covenants
←→ Navigate · Click subsection badges to collapse · Press ? for help
93. (1) A covenant may be —
a positive covenant; or
a restrictive covenant, Section 94 Registered Land Law Page 46 Revised as at 28th day of February, 2018 c and if registered under this Law is enforceable against the covenantor and the covenantor’s successor in title by the owner or occupier of land benefitting from the covenant.
Where an instrument, other than a lease or charge, contains a restrictive covenant by one proprietor restricting the building on or the user or other enjoyment of his land for the benefit of the proprietor of other land, and such instrument is presented to the Registrar, the Registrar shall note the restrictive covenant in the encumbrances section of the register of the land or lease burdened by the restrictive covenant, either by entering particulars of the restrictive covenant or by referring to the instrument containing the restrictive covenant and the Registrar shall file the instrument.
Where an instrument, other than a lease or charge, contains a positive covenant by one proprietor mandating the building on or the user or other enjoyment of his land or other obligation for the benefit of the proprietor of other land, and the instrument is presented to the Registrar, the Registrar shall note the positive covenant in the encumbrances section of the register of the land or lease burdened by the positive covenant and in the property section of the land which benefits from the positive covenant, either by entering particulars of the positive covenant or by referring to the instrument containing the positive covenant and the Registrar shall file the instrument.
Unless it is noted in the register, a positive or restrictive covenant is not binding on any person acquiring the land or lease.
Insofar as a positive or restrictive covenant is capable of taking effect, not only the proprietors themselves but also their respective successors in title shall be entitled to the benefit and subject to the burden of the covenant respectively, unless the instrument otherwise provides.
A positive covenant shall not prevent a person from —
registering an interest under this Law;
exercising the person’s rights under a registered interest; or
releasing or surrendering a registered interest.
A proprietor of two or more parcels may enter into a positive or restrictive covenant with himself.
Registration of a positive covenant has effect only in relation to a positive covenant registered after the coming into force of the Registered Lands (Amendment) Law, 2017 [Law 36 of 2017].