(1) It is hereby
declared that when the benefit of a restriction as to the user of or the
building on any land is or has been annexed or purports to be annexed by any
instrument to other land the benefit shall, unless it is expressly provided to
the contrary, be deemed to be and always to have been annexed to the whole and
to each part of that other land capable of benefiting from the restriction.
(2) In this section
land includes land that is under the provisions of the
Transfer of Land Act 1893 .