vivos taking place after that date, be recoverable against a purchaser for value unless they have been duly registered (g). Where there is no particular reason for supposing that any statutory charges exist, it is the usual practice to search for them at the Land Registry only.

See AGRICULTURAL HOLDINGS.

Requisition.

It is assumed that the vendor's solicitor is not aware of any charges affecting the property created under any statute and not disclosed by the abstract.

LAND TAX.

Land tax was first made perpetual in the year 1798 (h). Its amount varies from parish to parish, but in no case can it exceed 1s. in the £ on the annual value (i).

Land contracted to be sold is deemed to be subject to land tax, and the purchaser is not entitled to any compensation in respect of such tax if not expressly mentioned in the particulars or contract. Sometimes, however, the particulars state that land tax has been redeemed; when this is the case the purchaser should insist upon the production of the certificate of the Board of Agriculture, with the receipt of the cashier of the Bank of England attached (k).

Requisitions.

1. The land being sold as free from land tax, the certificate of the Board of Agriculture, with receipt attached, must be produced and handed over to the purchaser on completion. 2. Is land tax payable in respect of the property contracted to be sold? If so, what is its amount?

(9) Land Charges Registration and Searches Act, 1888 (51 & 52 Vict. c. 51), ss. 10, 12.

(h) The Land Tax Perpetuation Act, 1798 (38 Geo. 3, c. 60).

(i) The Finance Act, 1896 (59 & 60 Vict. c. 28), s. 31.

(k) Poppleton v. Buchanan, Buchanan v. Poppleton, 27 L. J. C. P. 210; 31 L. T. 83; 6 W. R. 372; 4 Jur. (N. S.) 414; 4 C. B. (N. S.) 20.

LAPSE.

See WILLS.

LEASE AND RELEASE.

See RELEASE.

LEASEHOLD PROPERTY.

All leases exceeding the term of three years from the making thereof, and all leases not exceeding three years from the making thereof, whereupon the rent reserved does not amount to two-thirds of the full improved value of the premises demised, are required by the Statute of Frauds to be in writing, and signed by the lessor or his agent authorized in writing (1), and all such leases made since the 1st January, 1845, are void at law unless made by deed (m); but an instrument purporting to be a lease, though void at law in consequence of its not being made by deed, may be valid as an agreement for a lease if it satisfies the Statute of Frauds, whereby a contract for a lease or some memorandum thereof must be in writing, signed by the party charged or his agent lawfully authorized (n). If under an agreement for a lease the intended tenant takes possession, he at once becomes at law a tenant from year to year upon such of the terms of the agreement as are not inconsistent with a yearly tenancy (0); but in equity he is considered to hold possession under the agreement upon the same terms as if the lease had actually been granted, and will now be treated in every Court as so holding (p).

(1) 29 Car. 2, c. 3, s. 1.

(m) 7 & 8 Vict. c. 76, s. 4; 8 & 9 Vict. c. 106, s. 3.

(n) 29 Car. 2, c. 3, s. 4.

(0) Doe d. Rigge v. Bell, 5 T. R. 471; 2 R. R. 642; 2 Sm. L. C. 116. (p) Walsh v. Lonsdale, 21 Ch. D. 9; 52 L. J. Ch. 2; 40 L. T. 858; 31 W. R. 109.

Any assignment or surrender of any lease, whether it exceeded three years from the making thereof or not, was required by the Statute of Frauds to be by deed or writing, signed by the person so assigning or surrendering or his agent lawfully authorized by writing (q); and, since the 1st January, 1845, an assignment of a lease and a surrender in writing of an interest which the Statute of Frauds required to be created by writing, are void at law, unless made by deed (r). The Statute of Frauds does not apply to surrenders by operation of law, but the grant of a new lease in possession with the oral assent of a person in possession under a prior subsisting lease does not operate as a surrender by operation of law, unless the old tenant gives up possession to the new tenant at or about the time of the grant of the new lease (s).

Whether an assurance be an assignment or underlease depends upon the effect of the assurance, and not upon the words employed. Thus, an assurance of a leasehold interest for a period less than the whole term is an underlease (t); while, even though an assurance purports to be an underlease but comprises the whole term, it may be an assignment (u). A covenant not to assign is not broken by the granting of an underlease (x); nor is a lessee who covenants with his lessor for the acts of himself and his "assigns," liable for a breach of the covenant in respect of the offence of his underlessee (y); but a lessee is entitled to the benefit of a covenant made with his lessor, his heirs, and assigns, and may sue to restrain a breach ().

On a sale of leasehold property, a representation that it is

(4) 29 Car. 2, c. 3, s. 3.

(r) 7 & 8 Vict. c. 76, s. 4; 8 & 9 Vict. c. 106, s. 3.

(s) Wallis v. Hands, (1893) 2 Ch. 75; 62 L. J. Ch. 586; 68 L. T. 428; 41 W. R. 471; 3 R. 351.

(t) Cottce v. Richardson, 7 Ex. 143. (u) Langford v. Selmes, 3 Jur. (N. S.) 859; 3 K. & J. 220; Beardman v. Wilson, L. R. 4 C. P. 57;

38 L. J. C. P. 91; 19 L. T. 282; 17 W. R. 54.

(x) Crusoe d. Blencowe v. Bugby, 3 Wils. 234; 2 Bla. W. 766.

(y) Bryant v. Hancock & Co., (1898) 1 Q. B. 716; 67 L. J. Q. B. 507; 78 L. T. 397; 46 W. R. 386.

(2) Tait v. Gosling, 11 Ch. D. 273; 48 L. J. Ch. 397; 40 L. T. 251; 27 W. R. 394.

held by lease, when it is, in fact, held 1 misdescription (a).

Where, after 1881, land held by chaser must, unless the contrary a lease was duly granted, and, where underlease, that the underlease and every sup duly granted (b).

The acceptance, with knowledge of a breach of covenant, of rent accruing thereafter precludes a lessor from insisting upon a forfeiture by reason of such breach (c), but not so the acceptance after the breach of rent accrued due before it.

In sales, after 1881, of land held by lease or underlease on the production of the receipt for the last payment due for rent under the lease or underlease before the date of actual completion of the purchase, the purchaser must assume, unless the contrary appears, that all the covenants and provisions of the lease or underlease have been duly performed and observed up to the date of actual completion of the purchase, and further, in the case of an underlease, that all rent due under every superior lease has been paid, and all the covenants and provisions of every superior lease have been duly performed and observed up to that date (b).

It has always been necessary to obtain probate or letters of administration with the will annexed of a will relating to leaseholds or other personal property. The assent of the executor to a bequest of leaseholds is required to complete the title of the legatee, but, when given, the legal interest vests without assignment in the person in whose favour the bequest is made.

An executor may sell leaseholds and other personalty before obtaining probate, and that notwithstanding that such

(a) Re Beyfus and Masters's Contract, 39 Ch. D. 110; 59 L. T. 740; 37 W. R. 261; 53 J. P. 293.

(b) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), s. 3 (4), (5).

(e) Goodright d. Walter v. Davids, Cowp. 805; Croft v. Lumley, 6 H. L. C. 672; 27 L. J. Q. B. 321; 6 W. R. 523; 4 Jur. (N. S.) 903.

operty may be bequeathed by the will. His power to do so, however, ceases on his assenting to the bequest, and in any case, although he may institute proceedings for specific performance or otherwise before obtaining probate, he must obtain it before evidence in support of his claim is required, i.e., usually before the hearing.

Any one of two or more executors or administrators can sell and assign leaseholds vested in them as such, but all must join in actions for specific performance or otherwise relating to the sale (e).

It is a moot point where, on the death intestate of the owner of leaseholds, the legal interest in the term is until the appointment of an administrator; but, on the appointment of an administrator, the term vests in him, and the persons entitled beneficially under the Statute of Distributions cannot obtain the legal interest without an assignment from him.

An administrator durante minore ætate has, for the time during which he is appointed, all the powers of an ordinary administrator (f), and can therefore sell leaseholds, as can also an administrator pendente lite (g) while his functions last (h).

When successive interests are given by a testator in leaseholds, the question often arises as to whether there is any obligation on the person having the first interest, usually a tenant for life, to maintain the premises in such a state of repair as to satisfy the covenants in the lease. Where a testator gave leaseholds to two trustees, one of whom was his wife, upon trust for such wife for life, and after her death upon trust for sale and division of the proceeds, and authorized his trustees, if they should think advisable, to sell the premises and invest the proceeds, and allow his wife to receive

(e) Shep. Touchstone, 484.

(f) Re Cope, Cope v. Cope, 16 Ch. D. 49; 50 L. J. Ch. 13; 43 L. T. 566; 29 W. R. 98.

(g) Court of Probate Act, 1857 (20 & 21 Vict. c. 77), s. 70.

(h) Wieland v. Bird, (1894) P. 262; 63 L. J. P. 162; 71 L. T. 267; 6 R. 574.