Lord Denning MR considered the effect of section 8 of the 1937 Act which read: ‘Where any person is willing to agree with the National Trust that any land or any part thereof shall so far as his interest in the land enables him to bind it be made subject either permanently or for a specified period to conditions restricting the planning development or use thereof in any manner the National Trust may if it thinks fit enter into an agreement with him or accept a covenant from him to that effect and shall have power to enforce such agreement or covenant against persons deriving title under him in the like manner and to the like extent as if the National Trust were possessed of or entitled to or interested in adjacent land and as if the agreement or covenant had been and had been expressed to be entered into for the benefit of that adjacent land.’
He said: ‘The Lands Tribunal held that the National Trust must be deemed to be the owner of adjacent land; but there is a difficulty about this. There is no land specified. We do not know the area or extent of that adjacent land, nor where it would be situated. In these circumstances I am inclined to think that we do not have to deem any particular land to be in the ownership of the National Trust. Section 8 is simply machinery to give the National Trust a standing to enforce the restriction where they would have no standing at common law. I am prepared to accept the view that the National Trust, when a covenant of this kind is made, are entitled to enforce it so as to protect the interests of which they are the custodians in this country. They are, under the statute, the custodians of the natural beauty of our land, the cliffs and downs, fields and woods, rivers and shores; and of the stately homes, historic buildings, cottages, and barns. In respect of any injury to their interest as custodians of our natural beauty, I think they would be qualified to insist on these covenants.’
Judges:
Lord Denning MR, Davies LJ, Salmon LJ
Citations:
[1966] 1 WLR 170
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Cantrell v Wycombe District Council CA 29-Jul-2008
The appellant had bought a house at auction. It had previously been sold by a local authority subject to a covenant by the buyer allowing the authority to nominate tenants. The covenant was said to be binding on successors in title, and was . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 07 May 2022; Ref: scu.276800
