1988 Ed.]
Conveyancing and Property
[CAP. 219
19
(1A) The covenants implied under subsection (1)(a) shall be covenants to which section 41 applies. (Added, 31 of 1988, s. 12)
(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 and persons deriving title under or through him or them. (Added, 31 of 1988, s. 12)
(1C) In paragraphs (a) to (d) of subsection (1), “assignment” does not include a legal charge. (Added, 31 of 1988, s. 12)
(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. (Added, 31 of 1988, s. 12)
(2) The covenants implied under this section may be excluded, varied or extended in the assignment or legal charge.
(3) This section shall not affect any assignment or legal mortgage executed before the commencement of this section.
[cf. U.K. 1925 c. 20, s. 76]
Other covenants and conditions
36. The covenants and conditions mentioned in the Second Schedule, or any of them, may be incorporated into any instrument by reference.
Standard forms
37. A deed, agreement or receipt in the appropriate form given in the Third Schedule shall, in regard to form and expression, be sufficient.
[cf. U.K. 1925 c. 20, s. 206]
Protection of solicitors etc.
38. (1) The powers given by this Ordinance to any person and the covenants and conditions implied by, or incorporated by reference under, this Ordinance in any instrument shall be deemed in law proper to be included in the appropriate instrument and a solicitor, acting in good faith and with reasonable diligence, shall not be liable for failing to exclude those powers, covenants or conditions or to insert others in their place:
Provided that this subsection shall not imply that the inclusion of other powers, covenants or conditions is improper.
(2) A person acting in a fiduciary position, whether with or without a solicitor, shall be entitled to the protection afforded to a solicitor by subsection (1).
Benefit of covenants relating to land
[cf. U.K. 1925 c. 20, s. 182]
39. (1) A covenant relating to any land of the covenantee shall be deemed, unless the contrary intention is expressed, to be made with the covenantee and his successors in title and persons deriving title under or through him or them. (Amended, 31 of 1988, s. 13)
Page 20
Page 21