A covenant to pay compensation for damage by subsidence runs with the land; it is not merely collateral, but affects the nature and value of the land1. A covenant by a mining lessee with the owner or owners, occupier or occupiers, for the time being of the surface2 is effectual, even though the surface owner at the date of the demise is not named a party to the deed; it will be treated as a covenant with the surface owner at that date and, by virtue of the statutory right of persons who are not parties to an instrument
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