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High Speed Rail (London - West Midlands) Act 2017

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This is the original version (as it was originally enacted).

18Enforcement of restrictions on land use

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a prohibition or restriction on the use of land is imposed by a covenant or agreement between a person interested in the land (“the promisor”) and the Secretary of State, and

(b)the covenant or agreement is made for Phase One purposes.

(2)The Secretary of State may enforce the prohibition or restriction against persons deriving title from or under the promisor in respect of land to which it relates as if—

(a)the Secretary of State were possessed of adjacent land, and

(b)the covenant or agreement had been expressed to be made for the benefit of such land.

(3)Section 2(c) of the Local Land Charges Act 1975 (under which a prohibition or restriction enforceable by a Minister of the Crown under a covenant or agreement is not a local land charge if binding on successive owners because made for the benefit of land of the Minister) does not apply to the prohibition or restriction.

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