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Digital Provenance
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Publisher
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Transcription
MEMO RE COVENANT RUNNING WITH THE LAND AGAINST DRILLING OP WATER WELLS IN PROPOSED CONTRACT WITH LAS VEGAS VALLEY WATER DISTRICT E. E. B, MAY 7 1953 The sale of the Railroad production facilities and land to the Water Company prior to the sale to the District creates a problem in how to make an effective covenant which will be binding upon the retained land of the Railroad Company. Mr. Powell, of the 0‘Melveny firm, is of the opinion that the deed from the Railroad to the Water Company of the water-bearing land must contain the covenant because of the necessity of privity of estate between the covenantor and covenantee. Investigation of the law appears to support his views in spite of the fact that one eminent authority on the subject disagrees very decidedly. Professor Clark has written a book on "Covenants and Interests Running with the Land" in which he disagrees very thoroughly with the rules stated in the Restatement of Law and states the view that the only privity required for a covenant running with the land in the old common law cases was privity of successive ownership between the covenantee and his assigns or the covenantor and his assigns. See discussion in his book on this subject, pages 111 to 121. In the footnotes to 1.
