- Estate A created restrictive covenants over B
B had a restrictive covenant and easment over A
After a further period estate A acquires Estate B. Land C remains separately owned.
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