Acts and Regulations

L-1.1 - Land Titles Act

Section 48
Disposition versions

Full text
Registration of instrument containing conditions or covenants
48(1)There may be registered, in respect of any land that is being or has been registered, an instrument containing a condition or covenant.
48(2)Every successive owner of the land is affected with notice of the condition or covenant and is bound thereby if it is of such nature as to run with the land, but any such condition or covenant may be modified or discharged by order of the court on proof to the satisfaction of the court that
(a) the modification or discharge will be beneficial to the persons principally interested in the enforcement of the condition or covenant;
(b) the condition or covenant conflicts with the provisions of a zoning by-law, official plan or development scheme issued, made or established under the authority of an enactment and the modification or discharge is in the public interest; or
(c) the condition or covenant offends public policy or is prohibited by law.
48(3)The registration of an instrument containing a condition or covenant intended to run with the land or annexed thereto does not
(a) make the condition or covenant run with the land if, on account of its nature or of the manner in which it is expressed, it would not otherwise be annexed to or run with the land; or
(b) constitute a determination by the registrar of its essential nature or enforceability.
48(4)A condition or covenant may be discharged in whole or in part as to the whole or any part of the land affected thereby by the registration of an instrument executed by the parties entitled to enforce the condition or covenant.
1983, c.45, s.17
Registration of instrument containing conditions or covenants
48(1)There may be registered, in respect of any land that is being or has been registered, an instrument containing a condition or covenant.
48(2)Every successive owner of the land is affected with notice of the condition or covenant and is bound thereby if it is of such nature as to run with the land, but any such condition or covenant may be modified or discharged by order of the court on proof to the satisfaction of the court that
(a) the modification or discharge will be beneficial to the persons principally interested in the enforcement of the condition or covenant;
(b) the condition or covenant conflicts with the provisions of a zoning by-law, official plan or development scheme issued, made or established under the authority of an enactment and the modification or discharge is in the public interest; or
(c) the condition or covenant offends public policy or is prohibited by law.
48(3)The registration of an instrument containing a condition or covenant intended to run with the land or annexed thereto does not
(a) make the condition or covenant run with the land if, on account of its nature or of the manner in which it is expressed, it would not otherwise be annexed to or run with the land; or
(b) constitute a determination by the registrar of its essential nature or enforceability.
48(4)A condition or covenant may be discharged in whole or in part as to the whole or any part of the land affected thereby by the registration of an instrument executed by the parties entitled to enforce the condition or covenant.
1983, c.45, s.17