PART 7Conservation covenants
Effect of conservation covenant
123Benefit 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.