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Environment (Wales) Act 2016

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This is the original version (as it was originally enacted).

17Effect on successors in title of certain land management agreements

This section has no associated Explanatory Notes

(1)Where a land management agreement is made with a person with a qualifying interest in land subject to the agreement which is not registered land, and the agreement provides that the provisions of this subsection have effect in relation to the agreement—

(a)the agreement may be registered as a land charge under the Land Charges Act 1972 (c. 61) as if it were a charge affecting land falling within paragraph (ii) of Class D,

(b)the provisions of section 4 of that Act (which relates to the effect of non-registration) apply as if the agreement were such a land charge, and

(c)subject to the provisions of section 4 of that Act, the agreement is binding upon any successor of the person with the qualifying interest to the same extent as it is binding upon that person, despite the fact that it would not have been binding upon that successor apart from the provisions of this subsection.

(2)Where a land management agreement is made with a person with a qualifying interest in land subject to the agreement which is registered land, and the agreement provides that the provisions of this subsection have effect in relation to the agreement—

(a)the agreement may be the subject of a notice in the register of title under the Land Registration Act 2002 (c. 9) as if it were an interest affecting the registered land,

(b)the provisions of sections 28 to 30 of that Act (effect of dispositions of registered land on priority of adverse interests) apply as if the agreement were such an interest, and

(c)subject to the provisions of those sections, the agreement is binding upon any successor of the person with the qualifying interest to the same extent as it is binding upon that person, despite the fact that it would not have been binding upon that successor apart from the provisions of this subsection.

(3)A person has a qualifying interest in land for the purpose of this section if the interest is⁠—

(a)an estate in fee simple absolute in possession;

(b)a term of years absolute granted for a term of more than seven years from the date of the grant and in the case of which some part of the period for which the term of years was granted remains unexpired.

(4)In this section—

  • “registered land” (“tir cofrestredig”) has the same meaning as in the Land Registration Act 2002;

  • “successor” (“olynydd”), in relation to an agreement with a person with a qualifying interest in any land, means a person deriving title or otherwise claiming under that person with a qualifying interest, otherwise than in right of an interest or charge to which the interest of the person with the qualifying interest was subject immediately before—

    (a)

    the time when the agreement was made, where the land is not registered land, or

    (b)

    the time when the notice of the agreement was registered, where the land is registered land.

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