Landlord and Tenant (Ground Rents) (No. 2) Act, 1978
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Effect of acquisition of fee simple on covenants. [New in pt. cf. 1967, s. 31] |
28.—(1) Where a person having an interest in land acquires the fee simple in the land, all covenants subject to which he held the land, other than a convenant specified in subsection (2), shall thereupon cease to have effect and no new covenant shall be created in conveying the fee simple. | |
(2) In the case of a covenant— | ||
(a) which protects or enhances the amenities of any land occupied by the immediate lessor of the grantee, or | ||
(b) which relates to the performance of a duty imposed by statute on any such person, or | ||
(c) which relates to a right of way over the acquired land or a right of drainage or other right necessary to secure or assist the development of other land, | ||
the covenant shall, notwithstanding anything contained in this Act, continue in full force and effect and shall be enforceable as follows: | ||
(i) in the case of a covenant which does not relate to a right of way, right of drainage or other right aforesaid, by any such person or his personal representatives or successors in title, as if the acquisition had not occurred, and | ||
(ii) in the case of a covenant which does so relate, by any person aggrieved by breach of the covenant. | ||
(3) In any case where the fee simple in land was acquired since the commencement of the Act of 1967 by a person who had an interest in the land, any covenant subject to which the grantee held the land, other than a convenant specified in subsection (2), shall be deemed to have ceased to have effect at the date of the acquisition. | ||
(4) Section 72 (1) of the Registration of Title Act, 1964 (which relates to burdens that affect land without registration) is hereby amended by the insertion of: | ||
“(r) covenants which continue in force by virtue of section 28 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978”. |