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RESTRICTIVE COVENANTS
(DISCHARGE
AND MODIFICATION)
1
THE RESTRICTIVE COVENANTS (DISCHARGE
Law
2
of
1960.
AND MODIFICATION) ACT
[25th February,
1960.1
1.
This Act may be cited as the Restrictive Covenants
Short title.
(Discharge and Modification) Act.
2.
In this Act-
Interpreta-tion.
“local authority” means-
(a)
in relation to the parishes of Kingston and St.Andrew, the Council of the Kingston and St.Andrew Corporation as constituted under theKingston and St. Andrew Corporation Act;
(b)
in relation to any other parish, the Parish Councilof such parish;“Town and Country Planning Authority” means theTown and Country Planning Authority appointedunder the
Town
and Country Planning Act.
3.-(1)
A Judge in Chambers shall have power, from
Power
to
time to time on the application of the Town and Country
dischargeodify
or
Planning Authority or of any person interested in anyfreehold land affected by any restriction arising undercovenant or otherwise as to the user thereof or the buildingthereon, by order wholly or partially to discharge or modifyany such restriction (subject or not to the payment by theapplicant
of
compensation
to
any person suffering loss inconsequence of the order) on being satisfied-
(a)
that by reason of changes in the character
of
theproperty
or
the neighbourhood or other circum-stances of the case which the Judge may think
[The inclusion
of
this page
is
authorized
by
L.N.
480/1973]
2
RESTRICTIVE COVENANTS (DISCHARGE
AND
MODIFICA
TION)
material, the restriction
ought
to be deemedobsolete; or
(6)
that the continued existence
of
such restriction orthe continued existence thereof without modifica-tion would impede the reasonable user of the landfor public or private purposes without securing toany person practical benefits sufficient in natureor extent to justify the continued existence
of
suchrestriction, or, as the case may be, the continuedexistence thereof without modification;
or
(c)
that the persons of full age and capacity for thetime being or from time
to
time entitled to thebenefit
of
the restriction whether in respect ofestates
in
fee simple or any lesser estates orinterests in the property to which the benefit ofthe restriction is annexed, have agreed, eitherexpressly or by implication, by their acts oromissions, to the same being discharged
or
modified; or
(d)
that the proposed discharge or modification willnot injure the persons entitled to the benefit ofthe restriction
:
Provided that no compensation shall be payable inrespect
of
the discharge or modification of a restriction byreason of any advantage thereby accruing
to
the owner ofthe land affected by the restriction, unless the personentitled to the benefit of the restriction also suffers
loss
inconsequence of the discharge or modification, nor shall anycompensation be payable in excess of such
loss.
(2)
The Judge shall, before making any order underthis section, direct such enquiries as he may think
fit
to
be
made
of
the Town and Country Planning Authority andany local authority, and such notices as he may think
fit,
[The
nclusion
of
this
page
is
authorized
by
L.N.
480/
19731
RESTRICTIVE COVENANTS (DISCHARGEAND MODIFICA TION)
3
whether by way of advertisement or otherwise, to be givento the Town and Country Planning Authority and anypersons who appear to be entitled to the benefit
of
therestriction sought to be discharged, modified, or dealt with.
(3)
Any order made under this section shall bebinding on all persons, whether ascertained or of full ageor capacity or not, then entitled or thereafter capable ofbecoming entitled to the benefit of any restriction, whichis thereby discharged, modified, or dealt with, and whethersuch persons are parties
to
the proceedings or have beenserved with notice
or
not.
(4)
Rules of court may be made regulating applica-Pions under this Act, the recording and registration
of
orders made under this Act,and all matters incidentalthereto.
4.
Where any proceedings by action or otherwise are
Stay
of
pro-
taken to enforce a restrictive covenant, any person against
~~~;~ap-
whom the proceedings are taken may in such proceedings
plication
to
apply to the court for an order giving leave
to
apply to a
Chambers.
Judge
in
Chambers under section
3,
and staying the pro-ceedings in the meantime.
Judge
in
5.
The Supreme Court shall have power on the applica-
Interpreta-
tion by motion
of
the Town and Country Planning
$:i&rr;
Authority or any person interested-
(a)
to declare whether or not in any particular caseany freehold land is affected by a restrictionimposed by any instrument; or
(b)
to
declare what, upon the true construction
of
anyinstrument purporting to impose a restriction, isthe nature and extent of the restriction therebyimposed and whether the same is enforceable and
if
so,
by whom.
Supremecourt.
[The
inclusion
of
this
page
is
authorized by
L.N.
80/1973]
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