Restrictive covenants in favour of the National Trust
Restrictive covenants in favour of the National Trust

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Restrictive covenants in favour of the National Trust
  • The National Trust’s powers to enforce restrictive covenants
  • Protection of NT restrictive covenants
  • Subsequent modification of NT covenants

The National Trust’s powers to enforce restrictive covenants

In addition to the National Trust’s power to enforce restrictive agreements and covenants benefiting its land in the same manner as any other landowner, it also has statutory powers to enforce restrictive covenants entered into by them with persons interested in land against their successors in title even though it may have no land capable of being benefited by them. It can enter into an agreement with, or take a covenant from, any person who is able to bind land to the effect that the land is subject, permanently or for a specified period, to conditions restricting its planning, development or use in any manner, and the agreement or covenant is enforceable by the National Trust against anyone deriving title under the other party to such agreement or covenant to the same extent as if the 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 such adjacent land.

In Gee v National Trust, Lord Denning went some way to explaining the extent of and the reason for the National Trust’s powers:

‘The Lands Tribunal held that the National Trust must be deemed to be the owner of adjacent land.