RTA · Condominium Property Act
52 Procedure for granting restrictive covenants
execute on behalf of the owners a grant of easement or a restrictive
covenant burdening the parcel.
(2) By a special resolution a corporation may be directed to
execute on behalf of the owners a surrender of an easement or a
restrictive covenant that was granted under subsection (1).
(3) When the board is satisfied that the special resolution was
properly passed and the requirements of the regulations have been
complied with, the corporation shall execute the appropriate
instrument to grant the easement or covenant.
(4) An instrument granting an easement or covenant executed in
accordance with subsection (3) is valid and effective without
execution by any person having an interest in the parcel, and the
receipt of the corporation is a sufficient discharge of and
exonerates all persons taking under the instrument from any
responsibility for the application of the money expressed to have
been so received.
(5) The Registrar shall not register an instrument granting an
easement or covenant authorized under this section unless it has
endorsed on it or is accompanied with a certificate under the seal of
the corporation stating that the special resolution was properly
passed and that the requirements of the regulations have been
complied with.
(6) The certificate referred to in subsection (5) is,
(a) in favour of a person dealing with the corporation under this
section, and
(b) in favour of the Registrar,
conclusive proof of the facts stated in the certificate.
(7) The Registrar shall register the instrument granting the
easement or covenant by noting it on the condominium plan in the
manner prescribed by the regulations.
RSA 2000 cC-22 s52;2014 c10 s42
RSA 2000