As we have seen (o), the fact that any laud purchased is subject to restrictive covenants is such a defect of title as justifies the purchaser in refusing to perform the contract; unless the vendor should have expressly stipulated that the purchaser shall make no objection to the title on that account. And a fortiori, any statutory restriction on the use of land furnishes a like objection to the title (p). A vendor of land subject to such covenants or restriction must, of course, be careful to make a special condition of sale to the above effect. It is now settled, with regard to covenants relating to land and entered into by a tenant in fee with a former owner, from whom he purchased, or with an adjoining landowner (q), that in so far as such covenants bind the covenantor to some forbearance restrictive of the free use of his land (r), and were made with the object of benefiting the owners and occupiers of some other land retained by the former owner or belonging to the adjoining landowner, as the case may be (s), the burthen thereof runs with the land in equity, though not at' law; that is to say, the restrictions are enforceable in equity by action for an injunction against all persons who acquire the land from the covenantor, either by act of law or assignment (t), except only (as in the ease of other equities) such assigns as have acquired the legal estate in the land as purchasers for value in good faith, without notice of the covenant (u). But the burthen of covenants by a tenant in fee to do some positive act upon or relating to his land, as to repair a road or build a house or a wall, does not run with the land either at law or in equity. And where a landowner enters into restrictive covenants with some person, but not with the object of benefiting the owners and occupiers of some other land belonging to the covenantee, as where a vendor sells all his land in some particular place, retaining no adjoining or neighbouring land, and the purchaser enters into covenants restrictive of the use thereof with the vendor, the burthen of the covenants does not run in equity with the covenantor's laud, and the covenantee cannot enforce them by action for an injunction against the covenantor's assigns, whether they had notice of the covenants or not; for the burthen imposed in equity by restrictive covenants is analogous to the burthen of an easement, which cannot exist in the absence of a dominant tenement (x). In such cases the covenantors and their representatives in law are liable personally upon such covenants; but their assigns of the land, as such, do not come under any liability in respect thereof (y). It is therefore no objection to the title to land that the owner or his predecessor seised thereof in fee has entered into some covenant relating thereto, either of a positive and not of a restrictive nature, or of a restrictive nature but not made with the object of benefiting some other land. "With respect to stipulations restrictive of the use of land, they may be attached to land as a burthen thereon in equity, not only by express covenant, but also by an express or implied contract entered into, without deed, by the tenant in fee simple of the land (z). Thus, where lands are laid out and sold in plots as a building estate, and by the conditions of sale the purchasers are required, for their mutual benefit to observe stipulations restrictive of the use of the plots purchased, the burthen of these stipulations will be attached in equity to the purchased lands, although the purchasers should not enter into any deed of covenant to observe the same. And if in such case it appear from the conditions or the circumstances attending the sale that the intention is that the purchasers shall have the benefit of the restrictive stipulations as regards all the lands offered for sale, the burthen of these stipulations will attach to any of the lands which may remain unsold, and will be enforceable accordingly against the vendor, his representatives in law and assigns taking with notice thereof (a). And not only may lands be subjected to the burthen of restrictive stipulations by contract implied on the part of the tenant in fee from the terms on which he has offered the same, together with adjoining lands, for sale and has sold the adjoining lands to purchasers, but if a block of lands or houses be offered to be let on lease on the terms that all the tenants shall enter into the same restrictive covenants, so that each tenant is offered the advantage to be gained from the other tenants' covenants, any of the lands or houses remaining unlet will be subject, in the hands of the lessor, his representatives in law and assigns with notice, to the burthen of the restrictive stipulations (b). And in such cases it appears that the agreement giving rise to an equitable right to enforce the restrictions may be established by parol evidence, notwithstanding the Statute of Frauds (c), under the doctrine of part performance (d). It follows that anyone who is about to sell or let lands in lots, subject to restrictive covenants to be entered into by the various purchasers or lessees, should be careful, unless he is willing that the unsold or unlet land shall be affected with the same burthen, to stipulate expressly that, as regards any of the lots which shall not be sold or let, he shall not stand in the place of a purchaser or lessee thereof so as to be bound by the covenants (e). If land subject to any stipulation restrictive of the user thereof come to the hands of anyone who takes the legal estate as purchaser for value in good faith without notice of the restriction, he is, as we have seen (f), entitled to hold the land free from the restriction, and any purchaser from him will enjoy the same immunity, even though such purchaser bought with notice of the restriction. But if a man's title to hold land free from some such restriction depend on proof of the fact that he so purchased the same without notice as above mentioned, he will not be able to oblige a purchaser from him under an open contract to specific performance of the agreement for sale (g); for the Court considers that a title depending on proof of such a fact is too doubtful to force upon an unwilling pur-chaser (h). In such a case, therefore, the vendor must be careful to protect himself by a special condition of sale.