Landlord and Tenant (Ground Rents) (No. 2) Act, 1978

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”.