29 Jun 2021
JUSTITIAE TRUSTEE CO LTD v AAL HOLDINGS LTD [2021] NZCA 281
- Citation
- [2021] NZCA 281
- Court
- Court of Appeal
Clauses 32–36 of the crossleases created an agreement to lease the relevant area and any dwellings constructed thereon; those covenants relate to and affect the leased land and are not personal, and therefore run with the land and bind successors under ss 231–233 of the Property Law Act 2007; accordingly the High Court's declarations interpreting cls 33–35 in favour of AAL were correct and the appeal is dismissed.
- Crosslease covenants
- Running of covenants with the land
- Declaratory relief
- Registration of interests
- Development options
- Property law act ss 231-233