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Part II E+W Contracts, Conveyances and other Instruments

CovenantsE+W

79 Burden of covenants relating to land. E+W

(1)A covenant relating to any land of a covenantor or capable of being bound by him, shall, unless a contrary intention is expressed, be deemed to be made by the covenantor on behalf of himself his successors in title and the persons deriving title under him or them, and, subject as aforesaid, shall have effect as if such successors and other persons were expressed.

This subsection extends to a covenant to do some act relating to the land, notwithstanding that the subject-matter may not be in existence when the covenant is made.

(2)For the purposes of this section in connexion with covenants restrictive of the user of land “successors in title” shall be deemed to include the owners and occupiers for the time being of such land.

(3)This section applies only to covenants made after the commencement of this Act.

Modifications etc. (not altering text)

C1S. 79 extended by Coal Act 1938 (c. 52), s. 19(3); applied with modifications by Countryside Act 1968 (c. 41), s. 15(4)

C2S. 79 excluded (1.1.1996) by 1995 c. 30, s. 30(4)(a) (with ss. 2(2), 26(1)(2)); S.I. 1995/2963, art.2