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upr000093 188

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upr000093-188
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    H only from the viewpoint that the covenant may create a covenant running with the land, but also that it may fail to do so, but still create an equitable servitude or re­strictive covenant enforceable in equity. Section 556 of the Restatement on Property states: "The obligation arising out of a promise respecting the use of land can be extinguished as between any person subject to the obligation and any person entitled to enforce it by a re­lease given by the latter person to the former." Section 557 says:* "The obligation arising out of a promise respecting the use of land can be extinguished as between any person subject to the obliga­tion and any person entitled to enforce it by agreement between them." It is our intention to draw a covenant which will be for the benefit solely of the land conveyed and its successive owners. Therefore the Water Company should be able to release this covenant unless some present right is deemed to be created in its successors and assigns which it cannot release. The case of Werner v. Graham, l8l Cal. 174, is cited in the California annotations to Seation 556 of the Restatement to the effect that building restrictions were released by quitclaim deed of all interest in the lot by a promissee to an owner of the lot. With respect to release of real covenants and equitable servitudes I have found no difference in the law, and it appears to be the law that 1 0 .