Section 313 — Property Law Act 2007: Court may enforce easements and positive or restrictive covenants

313 Court may enforce easements and positive or restrictive covenants (1) In determining a question or dispute concerning the existence or effect of an easement, positive covenant, or restrictive covenant, a court may make an order, on any conditions the court thinks fit, concerning all or any of the following matters: (a) the existence of an easement, positive covenant, or restrictive covenant benefiting or burdening land: (b) the enforceability of an easement, positive covenant, or restrictive covenant by or against any person, and whether under this Act or otherwise: (c) the question whether any work is work required to be done under the terms of an easement, positive covenant, or restrictive covenant ( required work ) and, if so, the nature and extent of any required work at the time in question: (d) the reasonable and proper cost of any required work, including interest on outlay, expenses of survey, and reasonable remuneration for the superintendence or work of a person entitled or person bound who is or has been personally engaged on that work: (e) the person or persons by whom the cost of any required work is to be borne and, if the cost is to be shared among 2 or more persons, the shares to be borne by each of them: (f) the time at or before which, and the manner in which, any required work is to be undertaken: (g) the entry onto any land (whether or not land over which a vehicular right of way is granted) for the purpose of doing any required work, and the use on or over that land of vehicles, aircraft, or any other means of transport, and any plant, machinery, crane, or other equipment for the purpose of carrying out that work: (h) any other matters arising in relation to a question or dispute concerning the existence or effect of an easement, positive covenant, or restrictive covenant. (2) This section is subject to sections 314 and 315 . Compare: 1952 No 51 s 126F(1)