TASIn ForceAct
Conveyancing and Law of Property Act 1884
9ARevival of easements, &c., on disunity of seisin
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### 9A Revival of easements, &c., on disunity of seisin
> *\[Section 9A Inserted by No. 72 of 1963, s. 2 \]*
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> > (1) Where –
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> > > > (a) the seisin in fee simple is united of two parcels of land of which there was theretofore separate seisin in fee simple; and
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> > > > (b) over or upon one of those parcels any easement or restriction then existed for the benefit of the other –
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> > the provisions of this section apply when the seisin of the two parcels is to be disunited in fee simple.
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> > (2) There shall be implied, unless the contrary intention appears –
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> > > > (a) in any contract of sale of either parcel which leads to the disunity a provision that it is sold –
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> > > > > > (i) with all such rights and advantages as belonged to it; and
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> > > > > > (ii) with all such burdens and disadvantages as it was subject to –
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> > > > when it belonged to the predecessor in title of the person in whom seisin was united as mention in [subsection (1)](#GS9A@Gs1@EN) ; and
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> > > > (b) in the conveyance of either parcel which effects that disunity –
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> > > > > > (i) such grants and reservations as will create afresh the easements; and
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> > > > > > (ii) such covenants, conditions, and declarations of trust as will renew the restrictions –
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> > > > 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.