PART 7Conservation covenants

Effect of conservation covenant

I1123Benefit of obligation of responsible body

1

Subject to the following provisions, an obligation of the responsible body under a conservation covenant is owed—

a

to the landowner under the covenant, and

b

to any person who becomes a successor of the landowner under the covenant.

2

In this section “successor” (in relation to the landowner under the covenant) means a person who holds, in respect of any of the land to which the obligation relates—

a

the qualifying estate, or

b

an estate in land derived (whether immediately or otherwise) from the qualifying estate after the creation of the covenant.

3

An obligation of the responsible body under a conservation covenant ceases to be owed to the landowner under the covenant, or to a person who becomes a successor of that landowner, in respect of—

a

land which ceases to be land to which the obligation relates,

b

in the case of the landowner under the covenant, land in relation to which the landowner ceases to be the holder of the qualifying estate, or

c

in the case of a successor, land in relation to which the successor ceases to be the holder of the qualifying estate or of the estate derived from the qualifying estate, as the case may be.

4

Subsection (1)(b) does not apply if the obligation is ancillary to an obligation of the landowner under the covenant which does not bind the successor.