Temporary possession and use of land
18Enforcement of restrictions on land use
1
This section applies where—
a
a prohibition or restriction on the use of land is imposed by a covenant or agreement between a person interested in the land (““the promisor””) and the Secretary of State, and
b
the covenant or agreement is made for Phase One purposes.
2
The Secretary of State may enforce the prohibition or restriction against persons deriving title from or under the promisor in respect of land to which it relates as if—
a
the Secretary of State were possessed of adjacent land, and
b
the covenant or agreement had been expressed to be made for the benefit of such land.
3
Section 2(c) of the Local Land Charges Act 1975 (under which a prohibition or restriction enforceable by a Minister of the Crown under a covenant or agreement is not a local land charge if binding on successive owners because made for the benefit of land of the Minister) does not apply to the prohibition or restriction.