9ARevival of easements, &c., on disunity of seisin

9A Revival of easements, &c., on disunity of seisin

[Section 9A Inserted by No. 72 of 1963, s. 2 ]

(1)  Where –

(a) the seisin in fee simple is united of two parcels of land of which there was theretofore separate seisin in fee simple; and

(b) over or upon one of those parcels any easement or restriction then existed for the benefit of the other –

the provisions of this section apply when the seisin of the two parcels is to be disunited in fee simple.

(2)  There shall be implied, unless the contrary intention appears –

(a) in any contract of sale of either parcel which leads to the disunity a provision that it is sold –

(i) with all such rights and advantages as belonged to it; and

(ii) with all such burdens and disadvantages as it was subject to –

when it belonged to the predecessor in title of the person in whom seisin was united as mention in subsection (1) ; and

(b) in the conveyance of either parcel which effects that disunity –

(i) such grants and reservations as will create afresh the easements; and

(ii) such covenants, conditions, and declarations of trust as will renew the restrictions –

to which the other parcel was subject for its benefit or it was subject for the other parcel's benefit, when it belonged to that predecessor.