1956-HKRS29-8-23_Part03 — Page 31

Enforce- ability of covenants and

agreements relating to buildings divided into flats, etc.

Saving of

covenanta and agrée- menta entered into prior to igspa

of Crown lease.

"owner", in relation to a building or flat or to any share or interest therein, means the person who is shown by Land Office records to be the owner or holder thereof and includes a mortgagee in possession.

3. (1) Any covenant or agreement relating to the use, maintenance, repair, insurance, payment of outgoings or manage- ment of any building divided into two or more flats or any of the Bats forming part thereof or any other part of such building or the appurtenances thereto, or relating to the support, demolition or re-building thereof or to any of such matters shall, notwith- standing any rule of law or equity to the contrary, in addition to being enforceable between the parties thereto, be enforceable also against the owner for the time being of any part of such building or premises or of any share or interest therein, so far as the same shall relate thereto or be intended to be performed or observed by such owner at the suit of the owner for the time being of each and every other part of such building or premises or of any share or interest therein, but so that no person shall remain liable thereunder after he has ceased to be such owner, except in respect of any breach of such covenant or agreement before be ceased to be such owner.

(2) This section shall apply to every such covenant or agreement as aforesaid, whether entered into before or after the enactment of this Ordinance, save in so far as the liability of the covenantor or other person originally liable thereunder or bound thereby or any person deriving title under him is expressly limited by the terms of the instrument containing the same.

(1) Any such covenant or agreement as is referred to in section 3 contained in any deed or other document entered into and taking effect prior to the issue of the Crown lease of the property affected thereby shall have the same force and effect after the issue of such Crown lease as it had immediately before the issue of the Crown lease.

(2) Where any such deed or other document as is referred to (Cap. 128) in this section has been registered under the Land Registration Ordinance, such registration shall be deemed to continue in force after the issue of the Crown lease with effect as from the date on which such registration was effected, and the Land Officer may

make an entry directing attention to the provisions of this section in the Land Office registers relating to any property affected by such deed or document.

Passed the Legislative Council of Hong Kong, this 5th day of December, 1956.

Deputy Clek of Councils.

(Secretariat 2/6/3181/50)