194. Covenants for title and quiet enjoyment.

194.     Covenants for title and quiet enjoyment.

If an owner of land grants a lease of mines1 with power to let down the surface2, then subsequently transfers the surface to another, reserving the mines without power to let down the surface, with a covenant for title, the prior lease is a breach of the covenant3. Similarly, an owner of land grants a lease of mines with power to let down the surface, then subsequently leases the surface, reserving the mines without power to let down the surface, it is possible that the lessee of