Search Legislation

Law of Property Act 1969

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Prospective version(s) available. Show Timeline of Changes Help about Status

Close

Status

The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.

The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.

To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Law of Property Act 1969. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Commencement Orders yet to be applied to the Law of Property Act 1969

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

28 Powers of Lands Tribunal and court in relation to restrictive covenants affecting land.E+W

(1)In section 84 of the Law of Property Act 1925—

(a)for the words “The Authority hereinafter defined” in subsection (1), and for the words “the Authority” wherever else they occur, (which now refer to the Lands Tribunal) there shall be substituted the words “the Lands Tribunal”; and

(b)there shall be made the further amendments provided for by subsections (2) to (9) below;

and accordingly section 84 shall have effect as it is set out in Schedule 3 to this Act with the amendments made by section 52(1) of the M1Landlord and Tenant Act 1954 and by this section (and the omission of repealed provisions), subject however to any other enactments affecting the operation of section 84 and to subsection (11) below.

X1(2)So much of section 84(1)(a) as follows the words “obsolete, or” shall be a separate paragraph (aa) and shall be amended as follows:—

(a)after the word “that” there shall be inserted the words “in a case falling within subsection (1A) below” ;

(b)for the words “the reasonable user” there shall be substituted the words “some reasonable user” ; and

(c)the words “without securing practical benefits to other persons” shall be omitted ;

and after section 84(1) there shall be inserted as new subsections (1A), (1B) and (1C):—

(1A)Subsection (1)(aa) above authorises the discharge or modification of a restriction by reference to its impeding some reasonable user of land in any case in which the Lands Tribunal is satisfied that the restriction, in impeding that user, either—

(a)does not secure to persons entitled to the benefit of it any practical benefits of substantial value or advantage to them ; or

(b)is contrary to the public interest ;

and that money will be an adequate compensation for the loss or disadvantage (if any) which any such person will suffer from the discharge or modification.

(1B)In determining whether a case is one falling within subsection (1A) above, and in determining whether (in any such case or otherwise) a restriction ought to be discharged or modified, the Lands Tribunal shall take into account the development plan and any declared or ascertainable pattern for the grant or refusal of planning permissions in the relevant areas, as well as the period at which and context in which the restriction was created or imposed and any other material circumstances.

(1C)It is hereby declared that the power conferred by this section to modify a restriction includes power to add such further provisions restricting the user of or the building on the land affected as appear to the Lands Tribunal to be reasonable in view of the relaxation of the existing provisions, and as may be accepted by the applicant ; and the Lands Tribunal may accordingly refuse to modify a restriction without some such addition.

X1(3)In section 84(1) there shall be omitted the words “(subject or not to the payment by the applicant of compensation to any person sullering loss in consequence of the order)” and the proviso, and after paragraph (c) there shall be inserted the words “and an order discharging or modifying a restriction under this subsection may direct the applicant to pay to any person entitled to the benefit of the restriction such sum by way of consideration as the Tribunal may think it just to award under one, but not both, of the following heads, that is to say, either—

(i)a sum to make up for any loss or disadvantage suffered by that person in consequence of the discharge or modification ; or

(ii)a sum to make up for any effect which the restriction had, at the time when it was imposed, in reducing the consideration then received for the land afrected by it.“

X1(4)In section 84(2), in the phrase “is affected” in paragraph (a), and in the phrase “is enforceable” in paragraph (b), there shall in each case be inserted after the word “is” the words “or would in any given event be” ; and at the end of section 84(2) there shall be added the words:—

Neither subsections (7) and (11) of this section nor, unless the contrary is expressed, any later enactment providing for this section not to apply to any restrictions shall affect the operation of this subsection or the operation for purposes of this subsection of any other provisions of this section.

X1(5)In section 84(3) in the phrase “any local authority” there shall be inserted after the word “any” the words “government department or”.

X1(6)After section 84(3) there shall be inserted as a new subsection (3A) :—

(3A)On an application to the Lands Tribunal under this section the Lands Tribunal shall give any necessary directions as to the persons who are or are not to be admitted (as appearing to be entitled to the benefit of the restriction) to oppose the application, and no appeal shall lie against any such direction ; but rules under the Lands Tribunal Act 1949 shall make provision whereby, in cases in which there arises on such an application (whether or not in connection with the admission of persons to oppose) any such question as is referred to in subsection (2)(a) or (b) of this section, the proceedings on the application can and, if the rules so provide, shall be suspended to enable the decision of the court to be obtained on that question by an application under that subsection, or by means of a case stated by the Lands Tribunal, or otherwise, as may be provided by those rules or by rules of court.

X1(7)In section 84(8) for the words “when made” there shall be substituted the words “in accordance with the M2Land Registration Act 1925” ; and in section 50(3) of the Land Registration Act 1925 (which provides for the alteration of the register where a covenant or agreement is discharged or modified by an order under the M3Law of Property Act 1925 and in other cases) for the words “or modified” there shall be substituted the words “modified or dealt with”.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

X1(9)In section 84(11) after the word “nor” there shall be inserted the words “subject to subsection (11A) below” ; and after section 84(11) there shall be inserted as a new subsection (11A):—

(11A)Subsection (11) of this section—

(a)shall exclude the application of this section to a restriction falling within subsection (11)(a), and not created or imposed in connection with the use of any land as an aerodrome, only so long as the restriction is enforceable by or on behalf of the Crown ; and

(b)shall exclude the application of this section to a restriction falling within subsection (11)(b), or created or imposed in connection with the use of any land as an aerodrome, only so long as the restriction is enforceable by or on behalf of the Crown or any public or international authority.

X1(10)In section 38(3) of the M4Requisitioned Land and War Works Act 1945 (under which section 84 of the M5Law of Property Act 1925 does not apply to a covenant obtained under the Defence Acts, so long as the covenant is enforceable on behalf of the Crown) for the words “any covenant obtained under the Defence Acts” there shall be substituted the words “any restriction created or imposed under the Defence Acts or under section 13 (acquisition of land for oil installations) of the M6Land Powers (Defence) Act 1958”, and for the words “the covenant” there shall be substituted the words “the restriction”.

(11)This section applies to restrictions whether subsisting at the time it comes into force or created or imposed thereafter, but—

(a)the coming into force of any provision of this section other than subsection (6) shall not affect proceedings then pending; and

(b)subsection (6) shall not come into force until such date as the Lord Chancellor may appoint by order made by statutory instrument, which shall be laid before Parliament after being made.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X1The text of s. 28(2)–(7)(9)(10) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Amendments (Textual)

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources