1988 Ed.]
Conveyancing and Property
[CAP. 219
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(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.
(8) A covenant shall not bind a person after he has ceased to have any estate or interest in the land affected by that covenant except in respect of a breach of that covenant committed by him before that cessation.
(9) A covenant in an instrument registered in the Land Office under the Land Registration Ordinance (Cap.128) against the land affected by the covenant shall bind the successors in title of the covenantor and the persons deriving title under or through him or them whether or not they had notice of the covenant.
(10) This section shall apply to covenants whether entered into before or after the commencement of the Conveyancing and Property (Amendment) Ordinance 1988 (31 of 1988).
Saving of covenants, terms and conditions
(Replaced, 31 of 1988, s. 14)
42. (1) Any instrument entered into and taking effect after an agreement for the Crown lease of the land affected by the instrument but before the issue of the Crown lease of that land shall have the same force and effect in relation to that land after the issue of that Crown lease as it had immediately before that issue. (Amended, 31 of 1988, s. 15)
(2) Where any instrument referred to in subsection (1) is registered under the Land Registration Ordinance, that registration shall continue in force after the issue of, and in relation to, the Crown lease of the land affected by the instrument with effect from the date of registration; and the Land Officer may make an entry directing attention to the provisions of this section in the Land Office registers relating to any land affected by that instrument. (Amended, 31 of 1988, s. 15)
(3) Where a Crown lease expires and is either renewed or replaced by a new Crown lease relating to the same land, any covenant relating to that land shall, unless the contrary intention is expressed, continue to have effect.
Effect of agreement with 2 or more jointly
43. (1) Any agreement or covenant relating to land or other property, express or implied, with 2 or more persons jointly to do any act for their benefit shall be deemed, unless the contrary intention is expressed, to include an obligation to do that act for the benefit of the survivor or survivors of them and for the benefit of any other person to whom the right to sue on the agreement devolves; and shall be construed as being made with each of them.
1988 Ed.]
Conveyancing and Property
[CAP. 219
21
!
(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.
(8) A covenant shall not bind a person after he has ceased to have any estate or interest in the land affected by that covenant except in respect of a breach of that covenant committed by him before that cessation.
(9) A covenant in an instrument registered in the Land Office under the Land Registration Ordinance (Cap. 128) against the land affected by the covenant shall bind the successors in title of the covenantor and the persons deriving title under or through him or them whether or not they had notice of the covenant.
(10) This section shall apply to covenants whether entered into before or after the commencement of the Conveyancing and Property (Amendment) Ordinance 1988 (31 of 1988).
Saving of covenants, terms and conditions
(Replaced, 31 of 1988, s. 14)
42. (1) Any instrument entered into and taking effect after an agreement for the Crown lease of the land affected by the instrument but before the issue of the Crown lease of that land shall have the same force and effect in relation to that land after the issue of that Crown lease as it had immediately before that issue. (Amended, 31 of 1988, s. 15)
(2) Where any instrument referred to in subsection (1) is registered under the Land Registration Ordinance, that registration shall continue in force after the issue of, and in relation to, the Crown lease of the land affected by the instrument with effect from the date of registration; and the Land Officer may make an entry directing attention to the provisions of this section in the Land Office registers relating to any land affected by that instrument. (Amended, 31 of 1988, s. 15)
(3) Where a Crown lease expires and is either renewed or replaced by a new Crown lease relating to the same land, any covenant relating to that land shall, unless the contrary intention is expressed, continue to have effect. -
Effect of agreement with 2 or more jointly
43. (1) Any agreement or covenant relating to land or other property, express or implied, with 2 or more persons jointly to do any act for their benefit shall be deemed, unless the contrary intention is expressed, to include an obligation to do that act for the benefit of the survivor or survivors of them and for the benefit of any other person to whom the right to sue on the agreement devolves; and shall be construed as being made with each of them.
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