171Burden of covenants and covenants in gross

171 Burden of covenants and covenants in gross (1) Subject to subsection (2), a covenant or covenant in gross binds: (a) each person who has an interest in the land subject to the burden of the covenant or covenant in gross; and (b) if it is a restrictive or access covenant or covenant in gross that is capable of being enforced by a person – each person not referred to in paragraph (a) who is in occupation of the burdened land or a part of it other than by virtue of a right derived (by contract or otherwise) from a person who was not bound by the covenant or covenant in gross at the time the Law of Property Act 2000 112 right was granted. (2) A covenant or covenant in gross, other than a restrictive or access covenant or covenant in gross, is not binding on a person referred to in subsection (1)(a) unless the person's interest in the land: (a) is the burdened estate or the estate of a mortgagee; or (b) confers on the person a right to possess the land for more than 21 years. (3) This section does not apply to a covenant that is a positive obligation created before the commencement of this Act.