Restrictive covenants
14 Restrictive covenants
Subject to subsections (2) and (3), for the purposes of imposing a restrictive covenant on the use of a lot the common property shall be deemed to be the dominant tenement for the benefit of which the covenant is imposed (notwithstanding that no part of the common property may be contiguous to the lot), and the burden of the covenant shall run with the land comprised in the lot.
The Minister shall, in issuing freehold title in respect of lots identified as provided in section 3(2)(d), ensure that each title is issued subject to a restrictive covenant in favour of Lot 5556 Town of Darwin so that a building any part of which is above the height of
8 metres above the level of Bench Mark 422 located on the abutment of the Stokes Hill Wharf in Darwin Harbour may not be constructed on the lot.
Lot 5556 Town of Darwin shall be deemed to be the dominant tenement for the benefit of which the covenant referred to in subsection (2) is imposed (notwithstanding that no part of Lot 5556 is contiguous to a lot), and the burden of the covenant shall run with the land comprised in the lots.
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