【法规名称】
【法规编号】 79681 什么是编号？
【正 文】
第10页 CAP 219 CONVEYANCING AND PROPERTY ORDINANCE
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[接上页] (1C) In paragraphs (a) to (d) of subsection (1), "assignment" (转让) does not include a legal charge. (Added 31 of 1988 s. 12) (1D) Unless the contrary intention is expressed, the liability of joint parties to any assignment or legal charge in respect of the covenants mentioned in subsection (1) shall be joint and several. (Added 31 of 1988 s. 12) (2) The covenants implied under this section may be excluded, varied or extended in the assignment or legal charge. (3) This section shall not affect any assignment or legal mortgage executed before the commencement of this section. [cf. 1925 c. 20 s. 76 U.K.] Cap 219 s 36 Other covenants and conditions The covenants and conditions mentioned in the Second Schedule, or any of them, may be incorporated into any instrument by reference. Cap 219 s 37 Standard forms A deed, agreement or receipt in the appropriate form given in the Third Schedule shall, in regard to form and expression, be sufficient. [cf. 1925 c. 20 s. 206 U.K.] Cap 219 s 38 Protection of solicitors etc. (1) The powers given by this Ordinance to any person and the covenants and conditions implied by, or incorporated by reference under, this Ordinance in any instrument shall be deemed in law proper to be included in the appropriate instrument and a solicitor, acting in good faith and with reasonable diligence, shall not be liable for failing to exclude those powers, covenants or conditions or to insert others in their place: Provided that this subsection shall not imply that the inclusion of other powers, covenants or conditions is improper. (2) A person acting in a fiduciary position, whether with or without a solicitor, shall be entitled to the protection afforded to a solicitor by subsection (1). [cf. 1925 c. 20 s. 182 U.K.] Cap 219 s 39 Benefit of covenants relating to land (1) A covenant relating to any land of the covenantee shall be deemed, unless the contrary intention is expressed, to be made with the covenantee and his successors in title and persons deriving title under or through him or them. (Amended 31 of 1988 s. 13) (2) This section shall apply to covenants entered into before or after the commencement of this section. [cf. 1925 c. 20 s. 78 U.K.] Cap 219 s 40 Burden of covenants relating to land (1) A covenant relating to any land of a covenantor or capable of being bound by him, shall be deemed, unless the contrary intention is expressed, to be made by the covenantor on behalf of himself, his successors in title and persons deriving title under or through him or them. (2) This section extends to a covenant to do some act relating to the land, notwithstanding that the subject matter may not be in existence when the covenant is made. (3) This section shall apply to covenants entered into before or after the commencement of this section. [cf. 1925 c. 20 s. 79 U.K.] Cap 219 s 41 Enforcement of covenants (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 positive 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 covenant, 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 competent 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. |
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