1988 Ed.]
Conveyancing and Property
[CAP. 219
15
Benefits to non-parties
26. A person may take an immediate or other interest granted to him in land or the benefit of any condition, right of entry, covenant or agreement granted to him over or in respect of land, although he may not be named as a party to the instrument.
[cf. U.K. 1925 c. 20, s. 56(1)]
Description of deeds
27. (1) A deed between parties, to effect its objects, has effect as an indenture although not indented or expressed to be an indenture.
(2) A deed, whether or not an indenture, may be described as a deed simply or according to the nature of the transaction intended to be effected.
[cf. U.K. 1925 c. 20, ss. 56(2) & 57]
Supplemental instruments
28. Any instrument (whether executed before or after the commencement of this section) expressed to be supplemental to a previous instrument shall be read and have effect as if the supplemental instrument contained the full recital of the previous instrument.
Effect of licences or permits granted to lessees
[cf. U.K. 1925 c. 20, s. 58]
29. (1) Where a licence or permit is granted to a lessee to do any act, the licence or permit, unless otherwise expressed, extends only to-
(a) the permission actually given; or
(b) the specific breach of any provision or covenant referred to; or
(c) any other matter thereby specifically authorized to be done,
and the licence or permit does not prevent any proceeding for any subsequent breach unless otherwise specified in the licence or permit.
(2) Notwithstanding any such licence or permit-
(a) any right of re-entry contained in the lease remains in full force and is available as against any subsequent breach of covenant, condition or other matter not specifically authorized or waived, in the same manner as if no licence or permit had been granted; and
(b) any right of re-entry remains in force in all respects as if the licence or permit has not been granted, except in respect of the particular matter authorized to be done.
(3) Where in any lease there is a right of re-entry on the lessee assigning, subletting or doing any other specified act without a licence or permit, and a licence or permit is granted-
(a) to any one of 2 or more lessees to do any act, or to deal with his share or interest; or
(b) to any lessee, or to any one of 2 or more lessees to assign or underlet part only of the land, or to do any act in respect of part only of the land,
1988 Ed.]
Conveyancing and Property
[CAP. 219
15
Benefits to non-parties
26. A person may take an immediate or other interest granted to him in land or the benefit of any condition, right of entry, covenant or agreement granted to him over or in respect of land, although he may not be named as a party to the instrument.
Description of deeds
Jef. U.K. 1925 c. 20, s. 56(1)]
27. (1) A deed between parties, to effect its objects, has effect as an indenture although not indented or expressed to be an indenture.
(2) A deed, whether or not an indenture, may be described as a deed simply or according to the nature of the transaction intended to be effected.
[cf. U.K. 1925 c. 20, ss. 56(2) & 57]
Supplemental instruments
28. Any instrument (whether executed before or after the commencement of this section) expressed to be supplemental to a previous instrument shall be read and have effect as if the supplemental instrument contained the full recital of the previous instrument.
Effect of licences or permits granted to lessees
[ef. U.K. 1925 c. 20, s. 58]
29. (1) Where a licence or permit is granted to a lessee to do any act, the licence or permit, unless otherwise expressed, extends only to-
(a) the permission actually given; or
(b) the specific breach of any provision or covenant referred to; or
(c) any other matter thereby specifically authorized to be done,
and the licence or permit does not prevent any proceeding for any subsequent breach unless otherwise specified in the licence or permit.
(2) Notwithstanding any such licence or permit-
(a) any right of re-entry contained in the lease remains in full force and is available as against any subsequent breach of covenant, condition or other matter not specifically authorized or waived, in the same manner as if no licence or permit had been granted; and
(b) any right of re-entry remains in force in all respects as if the licence or permit has not been granted, except in respect of the particular matter authorized to be done.
(3) Where in any lease there is a right of re-entry on the lessee assigning, subletting or doing any other specified act without a licence or permit, and a licence or permit is granted-
(a) to any one of 2 or more lessees to do any act, or to deal with his share
or interest; or
(b) to any lessee, or to any one of 2 or more lessees to assign or underlet part only of the land, or to do any act in respect of part only of the land,
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