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

Post Reply
Posts: 4
Joined: Tue Mar 17, 2015 8:41 pm
Number of Posts per Page: 25

Unity of Seisin and covenants - A technical snake pit

Post by slownews » Thu Mar 19, 2015 3:14 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.
      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

      Post Reply