Definition of RUNNING WITH THE LAND


RUNNING WITH THE LAND

A technical expression applied to
covenants real, which affect the land; and if a lessee covenants that he and
his assigns will repair the house demised, or pay a ground-rent, and the lessee
grants over the term, and the assignee does not repair the house or pay the
ground-rent, an action lies against the assignee at common law, because this
covenant runs with the land. Bro. Covenant, 32 Rolle s Ab. 522; Bac. Ab.
Covenant, E 4.


2. The same principle which regulates the annexation of incorporeal to
corporeal property, determines what covenants may be annexed to a tenure. Those
alone which tend directly, not merely through the intervention of collateral
causes, to improve the estate, give stability to the tenant s title, assure
him, from a defective one, or add to the lord s means on the one hand, the
tenant s on the other, of enforcing the stipulations between them, are of this
sort. Cro. Eliz. 617; Cro. Jac. 125; 2 H. Bl. 133 T. Jones, 144; Cro. Car. 137,
503.


3. Covenants running with the land pass with the tenure, though not made
with assigns. The parties to them are not A and B, but the tenant and the
landlord in those characters. When the landlord assigns the reversion, the
assignee becomes lord in his room, fills the precise situation and character
the assignor was clothed with, and is therefore entitled to the privileges
annexed to that character. Whether the tenant is sued by the landlord or his
assigns, be is sued by the same person, namely, his lord. The same argument,
changing its terms, applies to the tenant s assignee. 5 Co. 24; Cro. Eliz. 552;
3 Mod. 538; 10 Mod. 152; 12 Mod. 371.


4. To make a covenant run with the land, it is not requisite that the
cove-nantor should be possessed of any estate; be may be an entire stranger to
the land, but the covenantee must have some transferable interest in it, to
which the covenant can attach itself, for otherwise the covenant is merely
personal. Co. Litt. 385 a; 3 T. R. 393; 2 Sc. 630 2 Bing. N. S. 411. And to
make the assignee liable, he must take the estate the covenantee had in the
land, and no other, for when he takes another and a different estate in the
same land, he cannot sue upon the covenants. 6 East, 289. Vide Breach;
Covenant.


5. A covenant running with the land passes to the heir at law, on the
death of the ancestor, whether the heir be named in such covenant or not. 2
Lev. 92; 2 Saund. 367 a. Vide Covenant.




Source: Bouviers Law Dictionary 1856 Edition

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