SETTLED LAND ACT 1958 - SECT 59 Power to vary leases and grants and to give licences and consents
SETTLED LAND ACT 1958 - SECT 59
Power to vary leases and grants and to give licences and consents(1) A tenant for life may with the consent of the trustees of the settlement or order of the Court, at any time, by deed, either with or without consideration in money or otherwise, vary, release, waive or modify, either absolutely or otherwise, the terms of any lease whenever made of the settled land or any part thereof, or any covenants or conditions contained in any grant in fee-simple whenever made of land with or subject to a reservation thereout of a rent which is or forms part of the settled land, and in either case in respect of the whole or any part of the land comprised in any such lease or grant, but so that every such lease or grant shall, after such variation, release, waiver or modification as aforesaid, be such a lease or grant as might then have been lawfully made under this Act if the lease had been surrendered, or the land comprised in the grant had never been so comprised, or had been regranted.
(2) Where land is or has been disposed of subject to any covenant requiring the licence, consent or approval of the covenantee or his successors in title as to—
(a) the user of the land in any manner; or
(b) the erection, construction, or alteration of or addition to buildings or works of any description on the land; or
(c) the plans or elevations of any proposed buildings or other works on the land; or
(d) any other act, matter or thing relating to the land, or any buildings or works thereon; or
(e) any assignment, under-letting or parting with the possession of all or any part of the property comprised in any lease affecting the settled land—
and the covenant enures for the benefit of settled land (including where the disposition is a lease, the reversion expectant of the determination thereof), the licence, consent or approval may (with the consent of the trustees of the settlement or order of the Court) be given by the tenant for life of the settled land affected.
No. 3771 s. 60.