Vehicular rights of way

297 Covenants implied in grant of vehicular right of way
  • (1) Every grant of a vehicular right of way contains the implied covenants in Schedule 5, except in so far as all or any of those implied covenants are negatived, varied, or extended as provided in subsection (2).

    (2) For a vehicular right of way (whether granted before, on, or after 1 January 2008), those implied covenants may be negatived, varied, or extended by—

    • (a) the instrument, contract, or arrangement creating the vehicular right of way; or

    • (b) the express terms of any other instrument; or

    • (c) a written memorandum executed, as the instrument creating the vehicular right of way was required to be executed, by the parties to that instrument; or

    • (d) an easement instrument registered under section 90A of the Land Transfer Act 1952; or

    • (e) an easement variation instrument registered under section 90C of the Land Transfer Act 1952.

    (3) As between a person (person A) entitled to enforce those implied covenants and a person (person B) bound by them, a provision to which this subsection applies must be taken as negativing, varying, or extending any of those implied covenants only so long as the provision remains enforceable by person A against person B.

    (4) Subsection (3) applies to a provision of an instrument, contract, or arrangement coming into operation before 6 November 1986 (which is the date on which section 126B of the Property Law Act 1952 was substituted by section 4 of the Property Law Amendment Act 1986).

    (5) The provisions of this section are in addition to, and not in derogation of, the provisions of—

    (6) Rights and powers implied under section 90D of the Land Transfer Act 1952 prevail if, and to the extent that, they are inconsistent with any covenants implied by this section.

    (7) Subsection (6) does not limit section 8.

    Compare: 1952 No 51 s 126B