20
CAP. 219]
Conveyancing and Property
[1988 Ed.
(2) This section shall apply to covenants entered into before or after the commencement of this section.
[cf. U.K. 1925 c. 20, s. 78]
Burden of covenants relating to land
40. (1) A covenant relating to any land of a covenantor or capable of being bound by him, shall be deemed, unless the contrary intention is expressed, to be made by the covenantor on behalf of himself, his successors in title and persons deriving title under or through him or them.
(2) This section extends to a covenant to do some act relating to the land, notwithstanding that the subject matter may not be in existence when the covenant is made.
(3) This section shall apply to covenants entered into before or after the commencement of this section.
[cf. U.K. 1925 c. 20, s. 79]
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 positive 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
(c) which is expressed and intended to benefit the land of the covenantee and his successors in title or persons deriving title to that land under or through him or them.
(3) Notwithstanding any rule of law or equity but subject to subsection (5), a covenant shall run with the land and, in addition to being enforceable between the parties, shall be enforceable against the occupiers of the land and the covenantor and his successors in title and persons deriving title under or through him or them by the covenantee and his successors in title and persons deriving title under or through him or them.
(4) (a) For the purposes of the enforcement of a covenant, the following remedies shall be available-
(i) proceedings for an injunction (including a mandatory injunction) or other equitable relief;
(ii) an action for money due under the covenant;
(iii) an action for damages (whether in respect of pecuniary or non-pecuniary kinds of damage).
(b) For the purposes of ascertaining the existence, nature and effect of a covenant, a court of competent jurisdiction may make a declaration relating to those matters.
(5) A positive covenant shall not, by virtue only of this section, be enforceable against-