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Updated: May 16, 2025
All that he could have said with perfect honesty would have been that he had never found any royal road to literature; that to his experience there was not even a common highway; that there were only byways; private paths over other people's grounds; easements beaten out by feet that had passed before, and giving by a subsequent overgrowth of turf or brambles a deceitful sense of discovery to the latest-comer.
The menace to property here, with the increasing bulk of legislation, comes in the number of new uses, not only directly for the State or for cities and towns, but for public-service corporations, or often other private corporations, and associations of persons, who are permitted by legislation to take land under eminent domain, or, what is often worse, to acquire easements over it.
Coke says, "For such covenant which extends to the support of the thing demised is quodammodo appurtenant to it, and goes with it." 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."
All that certain group, parcels, or allotments of food, viands, or victuals, situate or to be spread, served, and garnished upon the premises of said A. B., shown and known and commonly designed as one square meal, table d'hôte, together with the drinking water, napkin, ash tray, finger-bowl and hat-and-coat-hanging privileges or easements appurtenant thereto,
To run down meat was to experience thrills and elations. His rages and battles were pleasures. Terror itself, and the mystery of the unknown, led to his living. And there were easements and satisfactions. To have a full stomach, to doze lazily in the sunshine such things were remuneration in full for his ardours and toils, while his ardours and tolls were in themselves self-remunerative.
But the most important case of the so-called possession of rights in our law, as in the Roman, occurs with regard to easements. An easement is capable of possession in a certain sense. A man may use land in a certain way, with the intent to exclude all others from using it in any way inconsistent with his own use, but no further.
The other puisne doubted, but agreed that the case must be discussed on the analogy of easements.
And all be white as snow of the kind of the trees that they be made of. And they be full great ships and fair, and well ordained, and made with halls and chambers and other easements, as though it were on the land. From thence go men, by many towns and many cities, through the country, unto a city that men clepe Lanterine. And it is an eight journeys from the city above-said.
Covenants which started from the analogy of warranties, and others to which was applied the language and reasoning of easements, have been confounded together under the title of covenants running with the land. The phrase "running with the land" is only appropriate to covenants which pass like easements. But we can easily see how it came to be used more loosely.
The general object of this Lecture is to discover the theory on which a man is allowed to enjoy a special right when the facts out of which the right arises are not true of him. The transfer of easements presented itself as one case to be explained, and that has now been analyzed, and its influence on the law has been traced.
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