Covenant running with land

A covenant which goes with the land, as being annexed to the estate, and which cannot be separated from the land, and transferred without it.

4 Kent, Comm. 472, note.

A covenant is said to run with the land, when not only the original parties or their representatives, but each successive owner of the land, wlll be entitled to its banefit, or be liable las the case may bs) to its obligation.

1 Steph. Co.mm. 455.

Or, in other words, it is so calied when either the liability to perform it or the right to lake advantage of it passes to the assignee of the land.

Tiliotson v. Prichard, 60 Vt. 94, 14 Atl. 302, 6 Am. St. Rep 95 ; Spencer's Case, 3 Coke, 31; Gilmer v. Railway Co., 79 Ala. 572, 58 Am. Rep. 623; Conduitt v. Ross, 102 Ind. 166, 6 N. E. 198