Q&As

If there is a restrictive covenant on a registered title stating that the land cannot be used other than as a sports/playing field, does the new Telecoms Code override this and can the landowner be forced to grant a lease in breach of covenant?

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Published on LexisPSL on 03/01/2019

The following Property Q&A provides comprehensive and up to date legal information covering:

  • If there is a restrictive covenant on a registered title stating that the land cannot be used other than as a sports/playing field, does the new Telecoms Code override this and can the landowner be forced to grant a lease in breach of covenant?

This question raises the interplay between private law rights and obligations affecting land and the statutory rights and duties which exist between landowners and telecommunications operators under the Electronic Communications Code (Schedule 3A, Part 1 to the Communications Act 2003, as inserted by the Digital Economy Act 2017) (the Code). The former flow in this context from any restrictive covenants which bind the land while the latter are to be found in the Code.

The starting point is that a Code right in respect of land may only be conferred on an operator by an agreement between the occupier of the land and the operator (para 9 of the Code). Provision is made for successors in title and those whose interests are subsequently created out of the occupier’s interest to be bound by it (para 10 of the Code). If an occupier of land is bound by a restrictive covenant, it would be imprudent to enter into an agreement which plac

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