If now it should be again asked, at the end of this long
discussion, where the line is to be drawn between these two
classes of covenants, the answer is necessarily vague in view of
the authorities. The following propositions may be of some
service.
*A. With regard to covenants which go with the land:--
*(1.) Where either by tradition or good sense the burden of the
obligation would be said, elliptically, to fall on the land of
the covenantor, the creation of such a burden is in theory a
grant or transfer of a partial interest in [405] that land to the
covenantee. As the right of property so created can be asserted
against every possessor of the land, it would not be extravagant
or absurd to allow it to be asserted by the action of covenant.
*(2.) Where such a right is granted to the owner of a neighboring
piece of land for the benefit of that land, the right will be
attached to the land, and go with it into all hands. The action
of covenant would be allowed to assigns not named, and it would
not be absurd to give it to disseisors.
*(3.) There is one case of a service, the burden of which does
not fall upon land even in theory, but the benefit of which might
go at common law with land which it benefited.
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