A396
Ord. No. 62/84
Rent and benefit of lessee's
covenants to run
CONVEYANCING AND PROPERTY
condition contained in the lease, shall be apportioned, and shall remain annexed to the severed parts of the reversionary estate as severed, and shall be in force with respect to the terms whereon each severed part is reversionary, or the term in the part of the land as to which the term has not been surrendered, or has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone originally been comprised in the lease.
(2) In this section "right of re-entry" includes a right to determine the lease by notice to quit or otherwise or to give notice or make an application under any law which may result in the determination of the lease or the grant of a new lease; but where the notice or application is served by a person entitled to a severed part of the reversion so that it extends to part only of the land demised, the lessee may within one month determine the lease in regard to the rest of the land by giving to the owner of the reversionary estate therein a counter notice effective at the same time as the notice or application served by the person entitled to the severed part of the reversion is effective to determine the lease of that part.
(3) This section applies to leases made before or after the commencement of this section and whether the severance of the reversionary estate or the partial avoidance or cesser of the term was effected before or after such commencement.
31. (1) Rent reserved by a lease, and the benefit of every covenant or provision therein contained, having reference to the subject-matter thereof, and on the lessee's with the reversion. part to be observed or performed, and every condition of re-entry and other condition therein contained, shall be annexed and incident to and shall go with the reversionary estate in the land, or in any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and without prejudice to any liability affecting a covenantor or his estate.
1925 c. 20. s. 141.
(Cap. 126.)
Obligation of
lessor's covenants to run with reversion.
1925 c. 20. s. 142.
(2) Any rent, covenant or provision mentioned in subsection (1) shall be capable of being recovered, received, enforced, and taken advantage of, by the person from time to time entitled, subject to the term granted by the lease, to the income of the whole or any part, as the case may require, of the land leased.
(3) Where the person mentioned in subsection (2) becomes entitled as men- tioned in that subsection by assignment or otherwise, the rent, covenant or provision mentioned in subsection (1) may be recovered, received, enforced or taken advantage of by him notwithstanding that he becomes so entitled after the condition of re-entry or forfeiture has become enforceable, but this subsection does not render enforceable any condition of re-entry or other condition waived or released before such person becomes entitled as aforesaid.
(4) This section applies to leases made before or after the commencement of this section, but does not affect the operation of-
(a) any severance of the reversionary estate; or
(b) any acquisition by assignment or otherwise of the right to receive or enforce
any rent covenant or provision;
effected before the commencement of this section.
(5) Nothing in this section shall affect the provisions of the Crown Rights (Re-entry and Vesting Remedies) Ordinance.
32. (1) The obligation under a condition or of a covenant entered into by a lessor with reference to the subject-matter of the lease shall, if and as far as the lessor has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by assignment, devolution in law, or otherwise; and, if and as far as the lessor has power to bind the person from time to time entitled to that reversionary estate, the obligation aforesaid may be taken advantage of and entered against any person so entitled.
CONVEYANCING AND PROPERTY
Ord. No. 62/84
A397
(2) This section applies to leases made before or after the commencement of this section, whether the severance of the reversionary estate was effected before or after such commencement.
(3) This section takes effect without prejudice to any liability affecting a
covenantor or his estate.
(4) Nothing in this section shall affect the provisions of the Crown Rights (Cap. 126.) (Re-entry and Vesting Remedies) Ordinance.
Lessor or
benefit of informal
insurance.
33. The person entitled to the benefit of a covenant on the part of a lessee or mortgagor to insure against loss or damage by fire shall, on loss or damage by fire mortgagee to have happening, have the same advantage from any then subsisting insurance relating to the building covenanted to be insured which has been effected by the lessee or mortgagor in respect of his interest under the lease or in the property or by any person claiming under him, but not effected in conformity with the covenant, as he would have from an insurance effected in conformity with the covenant.
covenant for
34. (1) Where, on the bona fide purchase of a leasehold interest under a lease Protection of containing a covenant on the part of the lessee to insure against loss or damage by purchaser against fire, the purchaser is furnished with the written receipt of the person entitled to receive forfeiture under the rent, or his agent, for the last payment of rent accrued due before the completion insurance. of the purchase, and there is subsisting at the time of the completion of the purchase an insurance in conformity with the covenant, the purchaser or any person claiming under him shall not be subject to any liability, by way of forfeiture or damages or otherwise, in respect of any breach of the covenant committed at any time before the completion of the purchase of which the purchaser had no notice before the completion of the purchase; but this provision is not to take away any remedy which the lessor or his personal representatives may have against the lessee or his personal representatives for breach of covenant.
(2) Nothing in subsection (1) shall affect the provisions of the Crown Rights (Cap. 126.) (Re-entry and Vesting Remedies) Ordinance.
PART IV
FORMS, COVENANTS AND CONDITIONS
35. (1) There shall be implied-—
Covenants for title.
(a) in any assignment of the whole of the interest in land, or in the whole or part 1925 c. 20, s. 76.
of an undivided share in land, held under a Crown lease, the covenant by a person who assigns, and the covenant by a person to whom an assignment is made, mentioned in Part I of the First Schedule;
(b) in an assignment to a purchaser for valuable consideration, the covenants, by a person who is expressed to assign as beneficial owner, mentioned in Part II of the First Schedule;
(c) in an assignment by way of voluntary disposition, the covenant, by a person who is expressed to assign as donor, mentioned in Part III of the First Schedule;
(d) in any assignment, the covenant, by a person who is expressed to assign as trustee, confirmor, mortgagee, legal chargee, personal representative of a deceased person or under an order of court, mentioned in Part IV of the First Schedule; and
(e) in a legal charge, the covenants, by a person who is expressed to charge as
beneficial owner, mentioned in Part V of the First Schedule.
First Schedule.
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