TNAG-1809-FCO40-2570-Hong-Kong-Conveyancing-and-Property-(Amendment)-Ordinance-19-1988 — Page 12

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CONVEYANCING AND PROPERTY (AMENDMENT) Ord. No. 31/88

A147

14. Section 41 of the principal Ordinance is repealed and replaced by Repeal and the following-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

(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 cove-

nant, 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 compe- tent jurisdiction may make a declaration relating to those matters.

(5) A positive covenant shall not, by virtue only of this section, be enforceable against-

(a) a lessee from the covenantor or from a successor in title of the covenantor or from any person deriving title under or through the covenantor or a successor in title of the covenantor; or

(b) any person deriving title under or through such a

lessee; or

(c) any person merely because he is an occupier of land. (6) A positive covenant is a covenant to expend money, do something or which is otherwise positive in nature.

(7) A covenant shall be enforceable under this section whether or not the covenant is between owners of the same land.

replacement of section 41.