Registration of Deeds and Title Act 2006

Amendment of section 28 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

77.— Section 28 (effect of acquisition of fee simple on covenants) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 is amended by the substitution of the following subsections for subsection (1):

“(1) Subject to subsection (1A), where a person to whom Part II of this Act applies acquires the fee simple in land under the Act of 1967 or Part III of this Act

(a) covenants (except any of those specified in subsection (2)) affecting the land in the lease under which the person held the land thereupon cease to have effect, and

(b) no new covenant affecting the land shall be created when the fee simple is being conveyed, except with the person’s agreement.

(1A) Subsection (1) has effect where the fee simple in the land concerned is acquired on or after 27 February 2006, unless before that date—

(i) a notice of intention to acquire the fee simple was served by the person in accordance with section 4 of the Act of 1967, or

(ii) an application was made by the person to the Registrar of Titles under Part III of this Act.”.