Western Australian Current Acts

TRANSFER OF LAND ACT 1893 - SECT 136D

136D .         Notation of restrictive covenants on subdivision plans

        (1)         A proprietor of land that is a subject of a plan may note, in an approved form, on the plan a restrictive covenant to which the land is proposed to be subject.

        (2)         A restrictive covenant cannot be noted on a plan unless the land to be burdened by the restrictive covenant is a subject of the plan but the land to be benefited by the restrictive covenant need not be a subject of the plan.

        (3)         A restrictive covenant cannot be noted on a plan unless an instrument in an approved form is lodged in relation to the plan and the prescribed fee is paid for lodgment of the instrument.

        (4)         The terms of the restrictive covenant shall be specified in an instrument lodged in relation to the plan.

        (5)         The following information about the restrictive covenant shall, subject to subsection (6), be specified in either the plan or in an instrument lodged in relation to the plan, or in both the plan and the instrument —

            (a)         the land to be burdened by the restrictive covenant; and

            (b)         the land to be benefited by the restrictive covenant; and

            (c)         if the restrictive covenant is for a particular term, the duration of the term; and

            (d)         any prescribed matter.

        (6)         The Registrar may issue directions to the effect that any information referred to in subsection (5) is to be specified in either the plan or in an instrument lodged in relation to the plan, or in both the plan and the instrument and any such direction shall be published in a document a copy of which is available to the public free of charge.

        [Section 136D inserted: No. 81 of 1996 s. 81; amended: No. 6 of 2003 s. 45.]