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LEASEHOLD (ENLARGEMENT AND EXTENSION) ACT (NORTHERN IRELAND) 1971 - SECT 28

Avoidance of certain contracts.

28. Where the fee simple in land demised by a lease containing a covenant,
condition or agreement which protects or enhances the amenities of any land
occupied by the owner of the lessor's estate in the land or relates to the
performance of a duty imposed by statute on such owner or to a right of way or
other easement over, or appurtenant to, the land demised by the lease or a
right of drainage or other right necessary to secure or assist the development
of land other than the land demised by the lease is acquired under this Act,
the covenant, condition or agreement shall, notwithstanding anything contained
in this Act, continue in full force and effect and shall be enforceable, in
the case of a covenant, condition or agreement which does not relate to a
right of way, or other easement, or right of drainage or other right
aforesaid, by such owner or his personal representatives or successors in
title as if the acquisition had not occurred and, in the case of a covenant,
condition or agreement which does so relate, by any person aggrieved by the
breach thereof.

© 1971 Crown Copyright

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