Amendment of section 16.
8. Section 16(1) of the principal Ordinance is amended by deleting "at any time" and substituting the following-
Amendment of section 20.
9.
"at the time of the assignment".
Section 20 of the principal Ordinance is amended-
(a) in subsection (1), by inserting, immediately after "good faith", the
following-
CL
his successors in title and persons deriving title under or through him";
(b) in subsection (2), by inserting, immediately after "the corpora-
tion", the following-
"and by affixing his own seal”.
10. Section 35 of the principal Ordinance is amended—
Amendment of section 35.
(a)
Amendment of
section 39.
Repeal and replacement of section 41.
by deleting the marginal note "Covenants for title" and substitut- ing the following-
"Implied covenants"; and
(b) by inserting, immediately after subsection (1), the following—
"(IA) The covenants implied under subsection (1)(a) shall be covenants to which section 41 applies.
(1B) The benefit of the covenants implied under this section shall run with the land and shall be enforceable by the covenantee and his successors in title or persons deriving title under or through him or them.
(IC) In paragraphs (a) to (d) of subsection (1), “assign- ment" does not include a legal charge.
(1D) Unless the contrary intention is expressed, the liability of joint parties to any assignment or legal charge in respect of the covenants mentioned in subsection (1) shall be joint and several.".
11. Section 39(1) of the principal Ordinance is amended by inserting, immediately after "deriving title under", the following—
"or through".
12. Section 41 of the principal Ordinance is repealed and replaced by the following-
"Enforcement
of covenants.
41. (1) This section applies to an express covenant and a covenant implied by or under this Ordinance or any other law.
(2) This section applies to any covenant, whether posi-
tive or restrictive in effect-
(a) which relates to the land of the covenantor;
(b) the burden of which is expressed or intended to run
with the land of the covenantor; and