Bill No. 60 - Real Property Act (amended) - First Reading

Real Property Act
(amended)

Claudia Chender, Dartmouth South

Explanatory Note

This Bill prohibits the creation of restrictive covenants that prevent the use of land for certain purposes and voids any restrictive covenants in existence that already do so.

An Act to Amend Chapter 385
of the Revised Statutes, 1989,
the Real Property Act,
to Eliminate Covenants
that Restrict Access to Food or Medicine

Be it enacted by the Governor and Assembly as follows:

1 Chapter 385 of the Revised Statutes, 1989, the Real Property Act, is amended by adding immediately after Section 10 the following heading and Sections:

RESTRICTIVE COVENANTS

  • 10A (1) A restrictive covenant, however created, is void if it prohibits, whether absolutely or for a specified period, the use of land for

    (a) a grocery store or supermarket;

    (b) a convenience store selling fresh produce;

    (c) a pharmacy or drug store; or

    (d) a medical clinic.

    (2) This Section applies to a restrictive covenant created before or after the coming into force of this Section.

    10B (1) In this Section, "registrar" means

    (a) a registrar as defined in the Registry Act or a deputy registrar appointed under that Act; or

    (b) the Registrar General, a deputy registrar general, a registrar or a deputy registrar appointed under the Land Registration Act or any other person authorized to perform the duties and exercise the powers of a registrar under that Act.

    (2) A registrar may, on application, cancel or discharge a restrictive covenant referred to in Section 10A that was registered before the coming into force of this Section.

    (3) Where a registrar has notice that a registered restrictive covenant is void under Section 10A, the registrar may cancel or discharge the restrictive covenant.

    (4) A restrictive covenant that is void under Section 10A may be discharged under the Registry Act by an entry made by a registrar on the margin of the registered instrument by which the restrictive covenant was created.

Municipal AffairsClaudia Chender MLABills, First Reading, Real Property Act