Forestry Act 1967
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Change 1
5 Forestry dedication covenants ....
(1) The provisions of this section shall have effect with a view to allowing land to be devoted to forestry by means of agreements entered into with the appropriate forestry authority, being agreements to the effect that the land shall not, except with the previous consent in writing of the appropriate forestry authority or, in the case of dispute, under direction of the minister as regards England or Wales ..., be used otherwise than for the growing of timber or other forest products in accordance with the rules or practice of good forestry or for purposes connected therewith; and in this Act— (a) “forestry dedication covenant” means a covenant to the said effect entered into with the appropriate forestry authority in respect of land in England or Wales without an intention being expressed contrary to the application of section 79 of the Law of Property Act 1925 (under which covenants relating to land are, unless the contrary is expressed, deemed to be made on behalf of the covenantor, his successors in title and persons deriving title under him or them); . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Where land in England or Wales is subject to a forestry dedication covenant,— (a) the appropriate forestry authority shall, as respects the enforcement of the covenant against persons other than the covenantor, have the like rights as if they had at all material times been the absolute owners in possession of ascertained land adjacent to the land subject to the covenant and capable of being benefited by the covenant, and the covenant had been expressed to be for the benefit of that adjacent land; and (b) section 84 of the Law of Property Act 1925 (which enables the Upper Tribunal to discharge or modify restrictive covenants) shall not apply to the covenant. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Schedule 2 to this Act shall have effect to empower limited owners, trustees and others to enter into forestry dedication covenants or agreements and to provide for matters arising on their doing so.
5 Forestry dedication covenants ....
(1) The provisions of this section shall have effect with a view to allowing land to be devoted to forestry by means of agreements entered into with the appropriate forestry authority, being agreements to the effect that the land shall not, except with the previous consent in writing of the appropriate forestry authority or, in the case of dispute, under direction of the minister as regards England or Wales ..., be used otherwise than for the growing of timber or other forest products in accordance with the rules or practice of good forestry or for purposes connected therewith; and in this Act— (a) “forestry dedication covenant” means a covenant to the said effect entered into with the appropriate forestry authority in respect of land in England or Wales without an intention being expressed contrary to the application of section 79 of the Law of Property Act 1925 (under which covenants relating to land are, unless the contrary is expressed, deemed to be made on behalf of the covenantor, his successors in title and persons deriving title under him or them); . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Where land in England or Wales is subject to a forestry dedication covenant,— (a) the appropriate forestry authority shall, as respects the enforcement of the covenant against persons other than the covenantor, have the like rights as if they had at all material times been the absolute owners in possession of ascertained land adjacent to the land subject to the covenant and capable of being benefited by the covenant, and the covenant had been expressed to be for the benefit of that adjacent land; and (b) section 84 of the Law of Property Act 1925 (which enables the Upper Tribunal to discharge or modify restrictive covenants) shall not apply to the covenant. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Schedule 2 to this Act shall have effect to empower limited owners, trustees and others to enter into forestry dedication covenants or agreements and to provide for matters arising on their doing so.
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