He further says, that if an easement be granted
to A, his heirs and assigns, all such by the form of the grant
are allowed the use in succession, and all others are wholly
excluded. /1/ But he is not speaking of what the rights of a
disseisor would be as against one not having a better title, and
he immediately adds that they are rights over a corporeal object
belonging to a corporeal object.
Although it may be doubted whether the mention of assigns was
ever necessary to attach an easement to land, and although it is
very certain that it did not remain so long, the difficulty
referred to grew greater as time went on. It would have been
easily disposed of if the only rights which could be annexed to
land were easements, such as a right of way. It then might have
been said that these were certain limited interests in land, less
than ownership in extent, but like it in kind, and therefore
properly transferred by the same means that ownership was. A
right of way, it might have been argued, is not to be approached
from the point of view of contract. It does not presuppose any
promise on the part of the servient owner. His obligation,
although more troublesome to him than to others, is the same as
that of every one else.
Pages:
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476