Moffett v. Berlin Water Co.

One “who has granted an easement upon his own land is not bound to do more than to abstain from acts inconsistent with its proper enjoyment, unless there is a covenant, either by express terms, or by implication from the language of the grant.” Bartlett v. Peaslee, 20 N. H. 547, 549; Cole v. Company, 79 N. H. 187, 188. The plaintiff concedes the correctness of the foregoing principle when applied to the construction of the deed standing alone, but contends that it can be found from the evidence that prior to the wrong complained of, (1) the defendant had by practical construction of the…