PART 7Conservation covenants

Breach and enforcement

I1125Enforcement of obligation

1

In proceedings for the enforcement of an obligation under a conservation covenant, the available remedies are—

a

specific performance,

b

injunction,

c

damages, and

d

order for payment of an amount due under the obligation.

2

On an application for a remedy under subsection (1)(a) or (b), a court must, in considering what remedy is appropriate, take into account any public interest in the performance of the obligation concerned.

3

Subject to subsection (4), contract principles apply to damages for breach of an obligation under a conservation covenant.

4

In the case of breach of an obligation of the landowner under a conservation covenant, a court may award exemplary damages in such circumstances as it thinks fit.

5

For the purposes of the Limitation Act 1980, an action founded on an obligation under a conservation covenant is to be treated as founded on simple contract.