1236. Operation and enforcement of covenants regarding reservation of future right to develop or right of pre-emption.

A covenant entered into in accordance with the provisions relating to reservation of the future right to develop1 or the right of pre-emption2 ('a relevant covenant') is only enforceable as set out below3.

A relevant covenant affecting land other than registered land may be registered under the Land Charges Act 19254, if it would not otherwise be so registrable as a restrictive covenant or as an estate contract, and is binding5 upon every successor of the covenantor6, if it would not otherwise be binding upon every such successor7.

Where a relevant covenant affects registered land, the covenant may be the subject of a notice in the register of title kept under the Land Registration Act 2002, 8if it would not otherwise be capable of being the subject of such a notice; and where a notice in