Hogan v. Barry

This is an action of tort for interfering with an easement, which the plaintiff claims by virtue of the following words, inserted, after the description and before the habendum, in the conveyance to him: “And said grantors agree that no building shall be erected on said lot next east of said granted premises nearer to the west line of said lot than four feet, being the east line of the premises hereby conveyed.” The grantors owned the adjoining land referred to, and subsequently conveyed it to the defendant.

There is no doubt that an easement may be created by words sounding in covenant.…