Section 125 Enforcement of obligationI1I2
England and Wales
In proceedings for the enforcement of an obligation under a conservation covenant, the available remedies are—
specific performance,
injunction,
damages, and
order for payment of an amount due under the obligation.
Subject to subsection (4), contract principles apply to damages for breach of an obligation under a conservation covenant.
In the case of breach of an obligation of the landowner under a conservation covenant, a court may award exemplary damages in such circumstances as it thinks fit.
For the purposes of the Limitation Act 1980, an action founded on an obligation under a conservation covenant is to be treated as founded on simple contract.
Annotations
Commencement
- I1
S. 125 not in force at Royal Assent, see s. 147(3)
- I2
S. 125 in force at 30.9.2022 by S.I. 2022/48, reg. 5(a)