In Austerberry v. Oldham Corpn., 29 Ch. D. 750, 53 L.T. 543, the question was, whether or not the burden of a covenant to keep in repair land granted for the purposes of a road ran with the land so as to render the assignee of the covenantor liable therefor. It was held that it did not. In his judgment, Fry, L.J., after discussing the question whether or not the benefit of such a covenant ran with the land, at p. 784, said: But upon the point whether the burden of the covenant ran with the land of the covenantors, I am clearly of opinion that it did not so run; and I share the doubt which has been expressed by my learned brothers whether in any case, except that of landlord and tenant, the burden of covenants of this description does ever run with the land.
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