Section 48 Modification and discharge of burdens other than charges.

(1)

A covenant or condition registered as a Schedule 6 burden pursuant to entry 12 in Part I of that Schedule [F1 may be—

(a)

modified or discharged by the Registrar, with the consent of the persons concerned; or

(b)

discharged by the court on being satisfied that the covenant or condition—

(i)

does not run with the land; or

(ii)

is not capable of being enforced against the owner of the land.]

(2)

The Registrar may, on the production of such evidence and subject to such conditions as may be prescribed, modify or cancel any entry inF2 the register of any burden, being neither a charge nor a covenant or condition to which subsection (1) applies.

Annotations

Textual amendments

F1: 1978 NI 4
F2: 1992 NI 7

Notes on the whole Act

Textual amendments

F1: Words in preamble of Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)