195. Effect of compensation provision.

A provision for compensation annexed to a power to let down the surface1 may, according to the construction of the instrument, be treated as a condition which qualifies the right to work and so binds the person exercising that right2. Thus a covenant to make compensation for damage done in working so as to let down the surface has been treated not as comprising a burden running with the land but as an inherent qualification of the right to work with the effect of letting down the surface. What is in form a covenant may appear from the whole