§ 139 — Notification of restrictions

139.—(1) Any proprietor entitled to burden registered land with restrictions may do so by an instrument in the approved form and, subject to this section, the Registrar must enter a notification of the restrictions on the folio comprising the servient land.(2) Unless so notified a restriction does not bind assigns of the land affected thereby.

(3) The Registrar must not enter a notification of any such instrument unless —(a)

obligations which it purports to create are negative or restrictive; and

(b)

the instrument clearly indicates the dominant and servient land.

(4) The Registrar may refuse to enter a notification of an instrument purporting to create a restriction if the obligations contained in the instrument are in part positive or affirmative.

(5) An instrument containing a restraint on the right of a proprietor to alienate or otherwise to dispose of land must not be notified on the land‑register under this section.

(6) The notification of an instrument containing a restriction which would not have been binding on assigns of the servient land does not give the instrument any greater operation or effect than it would have had without that notification.

(7) The Registrar must not enter on the folio a notification of any restriction contained in an instrument executed before the servient land was brought under the provisions of this Act unless the restriction appears to be enforceable wholly or in part against assigns of that land.

(8) The Registrar may, upon the application of the proprietor of the servient land, or of his or her own motion, cancel the notification of an instrument creating a restriction which has become unenforceable against assigns of that land, or which for any reason should not have been notified.

—(1) Any proprietor entitled to burden registered land with restrictions may do so by an instrument in the approved form and, subject to this section, the Registrar must enter a notification of the restrictions on the folio comprising the servient land.

(2) Unless so notified a restriction does not bind assigns of the land affected thereby.

(3) The Registrar must not enter a notification of any such instrument unless —(a)

obligations which it purports to create are negative or restrictive; and

(b)

the instrument clearly indicates the dominant and servient land.

(4) The Registrar may refuse to enter a notification of an instrument purporting to create a restriction if the obligations contained in the instrument are in part positive or affirmative.

(5) An instrument containing a restraint on the right of a proprietor to alienate or otherwise to dispose of land must not be notified on the land‑register under this section.

(6) The notification of an instrument containing a restriction which would not have been binding on assigns of the servient land does not give the instrument any greater operation or effect than it would have had without that notification.

(7) The Registrar must not enter on the folio a notification of any restriction contained in an instrument executed before the servient land was brought under the provisions of this Act unless the restriction appears to be enforceable wholly or in part against assigns of that land.

(8) The Registrar may, upon the application of the proprietor of the servient land, or of his or her own motion, cancel the notification of an instrument creating a restriction which has become unenforceable against assigns of that land, or which for any reason should not have been notified.