PART 7

Conservation covenants

Breach and enforcement

Enforcement of obligation
125
1
In proceedings for the enforcement of an obligation under a conservation covenant, the available remedies are—
a
specific performance,
b
injunction,
c
damages, and
d
order for payment of an amount due under the obligation.
2
On an application for a remedy under subsection (1)(a) or (b), a court must, in considering what remedy is appropriate, take into account any public interest in the performance of the obligation concerned.
3
Subject to subsection (4), contract principles apply to damages for breach of an obligation under a conservation covenant.
4
In the case of breach of an obligation of the landowner under a conservation covenant, a court may award exemplary damages in such circumstances as it thinks fit.
5
For the purposes of the Limitation Act 1980, an action founded on an obligation under a conservation covenant is to be treated as founded on simple contract.