"
Again the language of easements. And to make this plainer, if
need be, it is added, "If a man grants to one estovers to repair
his house, it is appurtenant to his house." Estovers for [403]
repair went with the land, like other rights of common, /1/
which, as Lord Coke has told us, passed even to disseisors.
In the next reign the converse proposition was decided, that an
assignee of the reversion was entitled in like manner to the
benefit of the covenant, because "it is a covenant which runs
with the land." /2/ The same law was applied, with still clearer
reason, to a covenant to leave fifteen acres unploughed for
pasture, which was held to bind an assignee not named, /3/ and,
it would seem, to a covenant to keep land properly manured. /4/
If the analogy which led to this class of decisions were followed
out, a disseisor could sue or be sued upon such covenants, if the
other facts were of such a kind as to raise the question. There
is nothing but the novelty of the proposition which need prevent
its being accepted. It has been mentioned above, that words of
covenant may annex an easement to land, and that words of grant
may import a covenant. It would be rather narrow to give a
disseisor one remedy, and deny him another, where the right was
one, and the same words made both the grant and the covenant.
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