Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 19 Enforcement of easements and covenants, etc. | ||
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Enforcement of easements and covenants, etc. | ||
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89. (1) The Minister, the Commissioners or a local authority, as appropriate, may enforce an easement where the easement relates to, or has the effect of, whether in whole or in part, providing access to a national monument by members of the public or a class of members of the public. | ||
(2) Where the Minister or a local authority conveys an estate (or part of an estate) in a registered monument to another person, then the covenants (if any) for the protection of the monument or its amenities, or for access to it (whether by the Minister or a local authority or members of the public), shall bind— | ||
(a) that person, | ||
(b) any person who subsequently succeeds to that estate, and | ||
(c) any person to whom that estate is subsequently conveyed. | ||
(3) Subsection (2) applies whether or not— | ||
(a) in the case of a freehold covenant, any conditions under the Land and Conveyancing Law Reform Act 2009 apply to the covenant, and | ||
(b) in the case of a leasehold covenant, the common law or equitable conditions for enforceability apply to the covenant. | ||
(4) This section shall not operate to prejudice the generality of any power, under another enactment or a rule of law, of the Minister, the Commissioners or a local authority, to enforce an easement or covenant. | ||
(5) The Minister may, by notice in writing, request a local authority to consider creating a public right of way, under section 206 or 207 of the Act of 2000, to a registered monument situated in the authority’s functional area. | ||
(6) The local authority, the subject of a request under subsection (5), shall consider the request and make a recommendation thereon to its elected members within 90 days beginning on the date on which it received the request. |