it seems that a mill could
be abated by the same action, when maintained contrary to an
easement created by covenant. /3/ But Lord Coke did not mean to
lay down any sweeping doctrine, for his conclusion is, that "a
covenant is in many cases extended further than the warrantie."
Furthermore, this statement, as Lord Coke meant it, is perfectly
consistent with the other and more important distinction between
warranties and rights in the nature of easements or covenants
creating such rights. For Lord Coke's examples are confined to
covenants of the latter sort, being in fact only the cases just
stated from the Year Books.
Later writers, however, have wholly forgotten the distinction in
question, and accordingly it has failed to settle the disputed
line between conflicting principles. Covenants which started from
the analogy of warranties, and others to which was applied the
language and reasoning of easements, have been confounded
together under the title of [401] covenants running with the
land. The phrase "running with the land" is only appropriate to
covenants which pass like easements. But we can easily see how it
came to be used more loosely.
It has already been shown that covenants for title, like
warranties, went only to successors of the original covenantee.
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