§ 141 — Duration of restrictions

141.—(1) Unless extended in the manner provided by this section, a restriction (other than a restriction mentioned in subsection (2)) ceases to be enforceable against assigns of the servient land at the expiry of 20 years from the date of entry of a notification thereof on the land‑register.(2) Where a restriction was created before bringing the servient land under the provisions of this Act and the owner of the servient land is not the covenantor, the restriction ceases (unless extended in the manner provided by this section) to be enforceable against the owner or assigns of the servient land at —(a)

the expiry of 20 years from the date of creation of the restriction;

(b)

the expiry of 5 years from the date of entry of a notification thereof on the land‑register; or

(c)

the expiry of 24 months from 20 August 2001,

whichever expires the latest.

(3) A notification on the land‑register in respect of any restriction must be cancelled by the Registrar after the restriction ceases to be enforceable under subsection (1) or (2).[8/2014]

(4) A restriction which has not become unenforceable may from time to time be extended by an instrument in the approved form executed by any person having an interest in the dominant land and entitled to the benefit of the restriction, and the Registrar must notify any such extension on each folio on which the restriction is notified, and on the document of title if produced for that purpose.[8/2014]

(5) Each instrument of extension may prolong the duration of a restriction for a period of 10 years from the date on which the instrument of extension has been notified in the land-register.

(6) Where for any reason (other than the expiration of the period referred to in subsection (1) and of any extension of that period) a restriction would have become unenforceable, an instrument of extension does not prolong the duration of the restriction beyond the time for which it would otherwise have enured.

(7) Where the dominant land is not under the provisions of this Act, the Registrar, for the purpose of entering a notification of any instrument of extension executed by a person claiming to have an interest in that land, need not be concerned to investigate the title to that land.

(8) A notification of any instrument of extension mentioned in subsection (7) does not prolong the duration of the restriction unless the person executing the instrument of extension was, at the relevant time, entitled to the interest which the person claimed to have.

(9) Any restriction extended under this section enures for the benefit of every person who, during the period of the extension, is entitled to an interest in the dominant land.

—(1) Unless extended in the manner provided by this section, a restriction (other than a restriction mentioned in subsection (2)) ceases to be enforceable against assigns of the servient land at the expiry of 20 years from the date of entry of a notification thereof on the land‑register.

(2) Where a restriction was created before bringing the servient land under the provisions of this Act and the owner of the servient land is not the covenantor, the restriction ceases (unless extended in the manner provided by this section) to be enforceable against the owner or assigns of the servient land at —(a)

the expiry of 20 years from the date of creation of the restriction;

(b)

the expiry of 5 years from the date of entry of a notification thereof on the land‑register; or

(c)

the expiry of 24 months from 20 August 2001,

whichever expires the latest.

(3) A notification on the land‑register in respect of any restriction must be cancelled by the Registrar after the restriction ceases to be enforceable under subsection (1) or (2).[8/2014]

(4) A restriction which has not become unenforceable may from time to time be extended by an instrument in the approved form executed by any person having an interest in the dominant land and entitled to the benefit of the restriction, and the Registrar must notify any such extension on each folio on which the restriction is notified, and on the document of title if produced for that purpose.[8/2014]

(5) Each instrument of extension may prolong the duration of a restriction for a period of 10 years from the date on which the instrument of extension has been notified in the land-register.

(6) Where for any reason (other than the expiration of the period referred to in subsection (1) and of any extension of that period) a restriction would have become unenforceable, an instrument of extension does not prolong the duration of the restriction beyond the time for which it would otherwise have enured.

(7) Where the dominant land is not under the provisions of this Act, the Registrar, for the purpose of entering a notification of any instrument of extension executed by a person claiming to have an interest in that land, need not be concerned to investigate the title to that land.

(8) A notification of any instrument of extension mentioned in subsection (7) does not prolong the duration of the restriction unless the person executing the instrument of extension was, at the relevant time, entitled to the interest which the person claimed to have.

(9) Any restriction extended under this section enures for the benefit of every person who, during the period of the extension, is entitled to an interest in the dominant land.