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Case 1:20-bk-12043 Doc 454 Filed 10/06/20 Entered 10/06/20 15:40:33 Desc Main <br /> Document Page 5 of 7 <br /> the covenant was reduced to writing." CONSOL Energy Inc. v. Murray Energy Holding Co. (In <br /> re Murray Energy Holding Co.),2020 Bankr. LEXIS 1849, *45 (Bankr. S.D. Ohio July 14, 2020) <br /> (citing McIntosh v. Vail, 28 S.E. 2d 607, 610 (W. Va. 1943)). "The other two requirements for a <br /> covenant to run with the land are that it touch and concern the land and that privity of estate exists <br /> between the parties." Id. at *45-*46. <br /> 16. Here, there is no question that the first two elements are met—the Settlement <br /> Agreement is in writing, and provides that the parties intend and agree that the Easement and Real <br /> Covenant run with the land, an intention further evidenced by the recording of the Memorandum. <br /> 17. For a covenant to "touch and concern"the land, "it must respect the thing granted, <br /> and the act covenanted must concern the estate conveyed." Id. at *46 (quoting Kimble v. Wetzel <br /> Nat. Gas Co.,61 S.E. 2d 728, 731 (W. Va. 1950)). The Easement and Real Covenant clearly touch <br /> and concern both the Subject Property and the Support Coal, which is in the ground underneath <br /> and around the Pipeline within the Subject Property. Both the Easement and Real Covenant affect <br /> the manner in which the Subject Property can be used(by restricting the usage of the surface above <br /> the Pipeline and the mining of the Support Coal below it), and thus both decreased Cam- <br /> Kentucky's legal relations with respect to the Subject Property and increased Columbia's legal <br /> relations with respect to the Subject Property. <br /> 18. Finally, "[p]rivity of estate exists if the covenant is `contained in a grant thereof, or <br /> of some estate therein."' Id. (quoting Hurxthal v. St. Lawrence Boom& Lumber Co.,44 S.E. 520, <br /> 522 (W. Va. 1903)). Under West Virginia law, coal in place constitutes real property. See Selvey <br /> v. Grafton Coal& Coke Co., 72 W. Va. 680, 683 (W.Va. Ct.App. 1913) ("Coal in place is land."). <br /> Accordingly, by dedicating the Support Coal to the Settlement Agreement, CAM-Kentucky <br /> conveyed a real property interest to Columbia. Additionally, as noted above, concurrently with <br /> 5 <br />