s.14Conservation agreements
14
Section 14Part 3 — CONSERVATION OF LAND

Conservation agreements

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A proprietor of land, in so far as he is legally capable of doing so, may, as part of an agreement under section 13 or in the interests of the conservation of any natural resources, covenant with the Cabinet, for such consideration as may be agreed, that the land be made subject, either permanently or for a specified period, to an easement or to a condition restricting the use or development of the land in such a way as may be specified in the agreement.
A covenant under subsection (1) entered into by a proprietor of a lease shall be capable of existing only during the subsistence of the lease.
Subject to subsection (2), the Cabinet shall have the power to enforce the covenant referred to in subsection (1) against persons deriving title from the proprietor as if the Cabinet owned adjoining land and the covenant had been expressed to be for the benefit of that adjoining land.
An easement or a condition restricting the use or development of land contained in an agreement under this section shall, on presentation to the Registrar, be noted in the incumbrances section of the Land Register of the land or lease burdened by it as if it were an easement or restrictive agreement referred to in Division 5 of the Registered Land Law (2004 Revision) and had been expressed to be for the benefit of adjoining land.

Defined Terms

conservation agreementcovenanteasement

Cross References