48 Registration of restrictive covenant
or has been registered, for the benefit of any other land that is being
or has been registered, a condition or covenant that the land, or any
specified portion of the land, is not to be built on, or is to be or not
to be used in a particular manner, or any other condition or
covenant running with or capable of being legally annexed to land.
(2) When any such condition or covenant is presented for
registration, the Registrar shall enter a memorandum of it on the
proper certificate or certificates of title.
RSA 2000
(3) Notwithstanding subsection (2), before a memorandum of a
condition or covenant may be entered on a certificate of title under
subsection (2), certificates of title must exist for all the parcels of
land affected by the condition or covenant, including the parcel of
land that comprises the servient tenement and the parcel of land
that comprises the dominant tenement.
(4) The first owner, and every transferee, and every other person
deriving title from the first owner or through tax sale proceedings,
is deemed to be affected with notice of the condition or covenant,
and to be bound by it if it is of such nature as to run with the land,
but any such condition or covenant may be modified or discharged
by order of the court, on proof to the satisfaction of the court that
the modification will be beneficial to the persons principally
interested in the enforcement of the condition or covenant or that
the condition or covenant conflicts with the provisions of a land use
bylaw or statutory plan under Part 17 of the Municipal Government
Act, and the modification or discharge is in the public interest.
(5) The entry on the register of a condition or covenant as running
with or annexed to land does not make it run with the land, if the
covenant or condition on account of its nature, or of the manner in
which it is expressed, would not otherwise be annexed to or run
with the land.
(6) No such condition or covenant is deemed to be an
encumbrance within the meaning of this Act.
RSA 1980 cL-5 s52;1988 c27 s25;1994 cM-26.1 s642(35);
1995 c24 s100;1999 c10 s12