Environment Act 2021

135Declarations about obligations under conservation covenantsE+W

This section has no associated Explanatory Notes

(1)The court or Upper Tribunal may on the application of any person interested declare—

(a)whether anything purporting to be a conservation covenant is a conservation covenant,

(b)whether any land is land to which an obligation under a conservation covenant relates,

(c)whether any person is bound by, or entitled to the benefit of, an obligation under a conservation covenant and, if so, in respect of what land,

(d)what, upon the true construction of any instrument by means of which an obligation under a conservation covenant is created or modified, is the nature of the obligation.

(2)No application under section 84(2) of the Law of Property Act 1925 (which enables the court on application to make declarations about restrictions under instruments) may be made in relation to an obligation under a conservation covenant.

(3)In this section “the court” means the High Court or the county court.

Commencement Information

I1S. 135 not in force at Royal Assent, see s. 147(3)

I2S. 135 in force at 30.9.2022 by S.I. 2022/48, reg. 5(a)