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PART 7Conservation covenants

Discharge and modification

127Discharge of obligation of landowner by agreement

(1)The responsible body under a conservation covenant and a person who holds the qualifying estate in respect of any of the land to which an obligation of the landowner under the covenant relates may, by agreement, discharge from the obligation any of the land in respect of which the person holds that estate.

(2)Subsection (3) applies to—

(a)the responsible body under a conservation covenant, and

(b)a person who is a successor of the landowner under the covenant by virtue of holding an estate in land which—

(i)is an estate in respect of any of the land to which an obligation of the landowner under the covenant relates, and

(ii)is derived (whether immediately or otherwise) from the qualifying estate.

(3)Those persons may, by agreement, discharge the estate in land mentioned in subsection (2)(b) from the obligation in respect of any of the land to which the obligation relates.

(4)Any power under this section is exercisable by agreement executed as a deed by the parties which specifies—

(a)the obligation to which the discharge relates,

(b)the land to which the discharge relates, and

(c)the estate in land by virtue of which the power is exercisable.