Section 125

Terms defined in this Act

• breach

  breach

  Defined · s 5

  “breach”, in relation to any condition, covenant or agreement, includes any default in the observance thereof;

  Open s 5
• condition requiring continuous performance

  condition requiring continuous performance

  Defined · s 103

  “condition requiring continuous performance” means any condition which requires the proprietor of any land to do, or refrain from doing, any act during the whole of the period for which the land is alienated, or for so much of that period as remains— (a) after the date on which the condition takes effect; (b) after the expiry of any particular period specified in the condition; or (c) after the occurrence of any particular date or event so specified;

  Open s 103
• condition subject to a fixed term

  condition subject to a fixed term

  Defined · s 103

  “condition subject to a fixed term” means any condition which requires the proprietor of any land to do any act before, or refrain from doing any act until, the expiry of any particular period, or the occurrence of any particular date or event, specified in the condition.

  Open s 103
• land

  land

  Defined · s 5

  “land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;

  Open s 5