119 (1) Upon the application of the owner of land that is being registered or of the registered owner of land, the land registrar may register as annexed to the land a condition or restriction that the land or a specified part thereof is not to be built upon, or is to be or is not to be used in a particular manner, or any other condition or restriction running with or capable of being legally annexed to land.  R.S.O. 1990, c. L.5, s. 119 (1). Registration of conditions, restrictions and covenants, on transfer (2) The land registrar may register as annexed to the land a condition, restriction or covenant that is included in a transfer of registered land that the land or a specified part thereof is not to be built upon, or is to be or is not to be used in a particular manner, or any other condition, restriction or covenant running with or capable of being legally annexed to land.  R.S.O. 1990, c. L.5, s. 119 (2). Registration of covenants, on application (3) Upon the application of the owner of land that is being registered or of the registered owner of land, the land registrar may register as annexed to the land a covenant that the land or a specified part thereof is not to be built upon, or is to be or is not to be used in a particular manner, or any other covenant running with or capable of being legally annexed to land.  R.S.O. 1990, c. L.5, s. 119 (3). Idem (4) A covenant shall not be registered under subsection (3) unless, (a)  the covenantor is the owner of the land to be burdened by the covenant; (b)  the covenantee is a person other than the covenantor; (c)  the covenantee owns land to be benefitted by the covenant and that land is mentioned in the covenant; and (d)  the covenantor signs the application to assume the burden of the covenant.  R.S.O. 1990, c. L.5, s. 119 (4). Notice and modification or discharge of covenants (5) The first owner and every transferee, and every other person deriving title from the first owner, shall be deemed to be affected with notice of such condition or covenant, 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.  R.S.O. 1990, c. L.5, s. 119 (5). Covenants or conditions running with land (6) 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 such 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.  R.S.O. 1990, c. L.5, s. 119 (6). Subsequent transfers (7) Where a condition or covenant has been entered on the register as annexed to or running with land and a similar condition is contained in a subsequent transfer or a similar covenant is in express terms entered into with the owner of the land by a subsequent transferee, or vice versa, it is not necessary to repeat the condition or covenant on the register or to refer thereto, but the land registrar may, upon a special application, enter the condition or covenant either in addition to or in lieu of the condition or covenant first mentioned.  R.S.O. 1990, c. L.5, s. 119 (7). Removal of entry of condition or covenant from register (8) Where a condition or covenant has been entered on the register as annexed to or running with land for a fixed period and the period has expired, the land registrar may, at any time after ten years from the expiration of the period, remove the entry from the register.  R.S.O. 1990, c. L.5, s. 119 (8). Condition, etc., expires after 40 years (9) Where a condition, restriction or covenant has been registered as annexed to or running with the land and no period or date was fixed for its expiry, the condition, restriction or covenant is deemed to have expired forty years after the condition, restriction or covenant was registered, and may be deleted from the register by the land registrar.  R.S.O. 1990, c. L.5, s. 119 (9). Effect of conditions and restrictions (10) Where a condition or restriction has been registered as annexed to land, the condition or restriction is as binding upon any person who becomes the registered owner of the land or a part thereof as if the condition or restriction had been in the form of a covenant entered into by the person who was the registered owner of the land at the time of the registration of the condition or restriction.  R.S.O. 1990, c. L.5, s. 119 (10). Exceptions (11) The following provisions do not apply to a covenant or easement established under the Agricultural Research Institute of Ontario Act: 1.  Clause (4) (c). 2.  The rule with respect to modification and discharge of covenants in subsection (5).  1994, c. 27, s. 7. Same (12) The following provisions do not apply to a covenant or easement entered into or granted under the Conservation Land Act or under clause 10 (1) (c) or section 37 of the Ontario Heritage Act: 1.  Clause (4) (c). 2.  The rule with respect to modification and discharge of covenants in subsection (5). 3.  Subsection (9).  2006, c. 23, s. 33; 2009, c. 33, Sched. 11, s. 4. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 7 - 09/12/1994 2006, c. 23, s. 33
- 19/10/2006 2009, c. 33, Sched. 11, s. 4 - 15/12/2009 2012, c. 8, Sched. 28, s. 66 (1-4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022