Unity of Seisin and covenants - A technical snake pit

This forum is for Garden Law problems that don't fit into the other categories. Please treat it with respect.

Moderator: Angelisle

Unity of Seisin and covenants - A technical snake pit

Postby slownews » Thu Mar 19, 2015 4:14 pm

This is rather involved hence an initial attempt at getting some experienced others views

    Estate A created restrictive covenants over B
    B had a restrictive covenant and easment over A

Some years later estate A sells some land C, by way of the deed C passes with rights to the covenants over B (the land C is adjacent to B).

After a further period estate A acquires Estate B. Land C remains separately owned.

    Both land A and land B are held in the same name but the titles are kept separate.
    The land A has a specific charge for a mortgage with an absolute restriction on sale without release from the bank.
    Land B is acquired without a mortgage.
    Land B is let although not at the beginning and end of ownership, use of the land B requires use of the original covenants B holds over A during letting.

        Land A is sold and shortly after land B is sold.
        The sale of land B includes the covenants in the title register.
        B relies on the original easement and covenant over A post this sale.

      Questions
      Is the land A and B ever in unity of Seisin as one part A is mortgaged and charged, and the other, B, is not. Does this not mean each estate is not equally perdurable.

      Are the covenants A enjoys over B extinguished or are they suspended given that C (a third party) retains the right to enforce before during and after land A and B being commonly owned
      slownews
       
      Posts: 4
      Joined: Tue Mar 17, 2015 9:41 pm

      Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
       

      Return to General Topics

      Who is online

      Users browsing this forum: Bing [Bot] and 5 guests