A Treatise on Covenants Which Run with Land, Other Than Covenants for Title (Classic Reprint)

Book excerpt: Excerpt from A Treatise on Covenants Which Run With Land, Other Than Covenants for Title It is apparent that our legal profession has been too little mindful of the relation between the principles upon which the law of real property rests and the principles governing the agreements which may be entered into by property-hold ers to affect their possessions. But with a former commercial antipathy to the existence of any connection between agree ments and the use of property, lawyers and judges have not had much occasion to inform themselves upon the questions involved; and their overlooking them is not surprising. Moreover, the law has been very difficult to study, as early American precedents were rare, and the early English law was in great confusion owing to the various interpretations put upon yet older English authorities. While there were several means through which the old law affected the use of property by agreement of the par ties, - sometimes by stipulations or conditions, sometimes by the reservation or granting of easements, sometimes by for mal agreements called covenants, - all but covenants were by nature so limited in their scope that they were of little service to carry out what the parties often desired. Cove nants, therefore, for more than a hundred years have been used in English law to express the purposes of the parties; and at once the question became very important how far these covenants could attach to the land so as to bind those who were successors in title to the property-holders who made the agreements. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.