Q&As

Can unity of seisen extinguish a covenant on part-benefited land?

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Published by a LexisNexis Property expert
Published on: 16 March 2020

If only part of the land with the benefit of a covenant is within the same ownership and possession as the burdened land, can unity of seisen still apply so as to extinguish the covenant in relation to such part of the benefiting land?

A restrictive covenant is automatically extinguished where the freehold of both the land benefiting and the land burdened become vested in the same person (provided that person holds the land in the same capacity, for example it does not hold one freehold in its personal capacity and the other

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United Kingdom

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