Temporary possession and use of land

15Enforcement of restrictions on land use

1

This section applies where—

a

a prohibition or restriction relating to the use of land is imposed by a covenant or agreement between a person interested in the land (“the promisor”) and the Secretary of State, and

b

the covenant or agreement is made for Phase 2a purposes.

2

The Secretary of State may enforce the prohibition or restriction against persons deriving title from or under the promisor in respect of land to which it relates as if—

a

the Secretary of State were possessed of adjacent land, and

b

the covenant or agreement had been expressed to be made for the benefit of such land.

3

Section 2(c) of the Local Land Charges Act 1975 (under which a prohibition or restriction enforceable by a Minister of the Crown under a covenant or agreement is not a local land charge if binding on successive owners because made for the benefit of land of the Minister) does not apply to the prohibition or restriction.