Section 302 — Property Law Act 2007: Construction of covenants relating to land: burdens

302 Construction of covenants relating to land: burdens (1) This section applies to a covenant burdening land of the covenantor, whether expressed in an instrument or implied by this Act or any other enactment in an instrument, and whether a positive covenant or a restrictive covenant. (2) Unless a contrary intention appears in the instrument, the covenant binds— (a) the covenantor; and (b) the covenantor’s successors in title; and (c) persons claiming through the covenantor or the covenantor’s successors in title. (3) For the purposes of this section,— (a) the covenantor’s successors in title include an occupier for the time being of the burdened land: (b) a restrictive covenant may relate to a subject matter not in existence when the covenant is made. Compare: 1952 No 51 s 64