Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2009 - onwards
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49. Enforceability of freehold covenants.

(1) Subject to subsection (6), the rules of common law and equity (including the rule known as the rule in Tulk v. Moxhay) are abolished to the extent that they relate to the enforceability of a freehold covenant.

(2) Subject to subsections (3) to (6), any freehold covenant which imposes in respect of servient land an obligation to do or to refrain from doing any act or thing is enforceable -

(a) by -

(i) the dominant owner for the time being, or

(ii) a person who has ceased to be that owner but only in respect of any breach of covenant occurring during the period when that person was such owner,

(b) against -

(i) the servient owner for the time being in respect of any breach of covenant by that owner or which occurred before and continued unremedied after that person became the servient owner, or

(ii) a person who has ceased to be that owner, but only in respect of a breach of covenant which occurred during the period when that person was such owner.

(3) Where there is a scheme of dev