Section 70A — Conveyancing Act 1919 (NSW)

(1) A covenant relating to any land of a covenantor or capable of being bound by the covenantor by covenant shall, unless a contrary intention is expressed, be deemed to be made by the covenantor on behalf of himself or herself and the covenantor’s successors in title, and the persons deriving title under the covenantor or the covenantor’s successors in title, and, subject as aforesaid, shall have effect as if such successors and other persons were expressed.
This subsection 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.
(2) For the purposes of this section in connection with covenants restrictive of the user of land successors in title shall be deemed to include the owners and occupiers for the time being of such land.
(3) This section applies only to covenants made or implied after the commencement of the Conveyancing (Amendment) Act 1930.

Related sections

• s 68 — Provision for all the estate etc
• s 69 — Application of Part 6 to land under the Real Property Act 1900
• s 70 — Benefit of covenants relating to land
• s 71 — Effect of covenant with two or more jointly
• s 72 — Covenants etc by a person with himself or herself and another, or others
• s 73 — Implied covenants to be joint and several

Research how courts apply s 70A

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.