and incidental to the preparation and execution of this agreement, and of the said lease or leases and the counterparts thereof respectively (g). IN WITNESS, &c. No. XIV. BUILDING LEASE for NINETY-NINE YEARS (h). THIS INDENTURE, made the day of, BETWEEN BUILDING LEASE UNDER part. POWER. A. B., of, &c. (lessor), of the one part, and C. D., of, &c. (lessee), Parties. of the other part, WITNESSETH, that in consideration of the Witnessing rent and lessee's covenants hereinafter reserved and contained, the said A. B. (hereinafter called "the lessor "), hereby demises unto the said C. D. (hereinafter called "the lessee"), ALL THAT Lessor demises piece or parcel of ground, &c., TOGETHER WITH the messuage premises and or dwelling-house now in course of erection thereon: AND to lessee for ninety-nine TOGETHER also with full and free liberty to pass and repass, with years. or without horses, carts, and carriages, over the roadway made or intended to be made at the back of the said piece of ground, as shown in the plan drawn in the margin of these presents, TO HOLD the same unto the lessee from the last, for the term of ninety-nine years thence next ensuing, YIELDING AND PAYING for the first year of the said term the Rent. rent of a peppercorn, if demanded, and, during the residue of the said term, the yearly rent of £20 sterling, by equal quarterly payments on the day of and the day of the day of from all taxes, rates, and assessments whatsoever (except the (y) If the lessor is to show his title, the stipulations at the end of the last Precedent should be introduced instead of Clause VI. above. See pp. 69, 70. (h) If the lease is made under a power conferred by deed or will or by the Settled Land Act, or if the lessor is a married woman, one of the forms in Precedent No. VII. (p. 57, supra), suited to the case, may be adopted as a variation of the above Precedent. BUILDING LEASE UNDER POWER. Covenant by lessee to pay rent, and to pay taxes, and to build landlord's property tax, if any), the first of such quarterly payments to be made on the day of : AND THE lessee hereby covenants with the lessor in manner following (that is to say), THAT the lessee will pay the yearly rent hereby reserved, at the times and in manner hereinbefore appointed: AND ALSO will, during the said term, pay all taxes, rates, charges, and assessments which now are, or during the said term shall be, imposed or assessed upon the said premises hereby demised, or the landlord or tenant in respect thereof (except the landlord's property tax, if any): AND ALSO will, within the space of calendar months from the day of the specified time, date hereof, in a good, substantial, and workmanlike manner, and to the satisfaction of the lessor or his surveyor, complete, so as to be fit for habitation and use, the messuage or tenement and to insure, now in course of erection upon the said land: ANd also will, upon the completion of the said messuage, insure the same to at least two-thirds of the value thereof, in the joint names of the lessor and lessee, and either in conjunction or not with the name or names of any underlessee or underlessees, or other person or persons interested therein, in one of the public fire insurance offices in London or Westminster, and will during the said term keep the same so insured, and upon the request of the lessor or and to produce his agent, from time to time produce to him the policy of such insurance, and the receipt for the premium for the then current year, and if such messuage, or any part thereof, shall be destroyed or damaged by fire, will forthwith rebuild or reinstate the same under the direction of the lessor or his surveyor: AND ALSO will at all times during the said term keep the said messuage and premises in good and substantial repair, and the same in such good and substantial repair, at the end or sooner determination of the said term, peaceably surrender and yield up unto the lessor together with all things in the nature of landlord's fixtures, which at any time during the said term shall be affixed and belong to the premises: AND ALSO will at all times during the said term, pay and allow a reasonable share and prorepairing road- portion for and towards the costs and expenses of making, supporting, and repairing the said roadway or intended roadway at the back of the said piece of ground, and all or any pavements, fences, and party walls, sewers, and drains, which now or at any time during the said term shall belong to the said premises or to the lessor receipts for premiums, and keep premises in repair, and deliver up the premises in good repair at the end of the term, and pay proportion of expense of way, party walls, &c. any part thereof, in common with other messuages or tenements BUILDING POWER. Lessor may enter premises at any time to dition thereof, and take a fixtures during schedule of last seven years. adjoining enter to houses. or lands, and that such proportion shall be ascertained by the LEASE UNDER surveyor or agent of the lessor, and shall be recoverable as rent in arrear: AND ALSO THAT it shall be lawful for the lessor, or any person or persons to be deputed by him, with or without workmen or others, twice or oftener in every year during the said view the conterm, at reasonable times in the day time, to enter upon the said premises or any part thereof, to view the state and condition thereof, and also at any time during the last seven years of the said term to take a schedule of the fixtures and things in and upon the premises (not being tenant's fixtures), and also that it shall be lawful for the lessor and his tenants or occupiers of the Lessor and houses adjoining to the said premises, and the workmen of such occupiers of lessor, tenants, or occupiers, at reasonable times in the day time, houses may to come into or upon the said premises, or any part thereof, to repair such repair such adjoining houses as often as occasion shall require: AND ALSO that the lessor and his tenants shall have liberty of Lessor to have liberty of watercourse in and through the said premises hereby demised to watercourse. carry off the water from his other houses, which are or may be contiguous or near to the said premises, and that if need be the tenants of such other houses shall be permitted to come into and upon the said premises hereby demised to empty and cleanse the cesspools, gutters, sewers, and drains of and belonging to such other houses: AND ALSO that the lessee will not, without the Lessee to use messuage only consent in writing of the lessor, exercise or carry on, or permit as a dwellingor suffer to be exercised or carried on upon any part of the house. premises hereby demised, any trade or business whatsoever, but will keep the said messuage and premises strictly as a private dwelling-house: AND ALSO will upon every assignment of the said To give notice demised premises, or any part thereof, within one calendar month of assignments after the execution of such assignment, give to the lessor's solicitors. solicitors notice in writing thereof, specifying in such notice the name and residence of the assignee, and will produce the said assignment at the office of the said solicitors for registration, and in order that they may place and sign thereon a memorandum of such registration, and will pay to the said solicitors a fee of for such registration: PROVIDED ALWAYS that if the yearly rent Proviso for hereby reserved or any part thereof shall at any time be unpaid for the space of twenty-one days after the same shall have become due, whether the same shall have been lawfully demanded to lessor's re-entry. 78 BUILDING LEASE UNDER POWER. Lessor's covenant for quiet enjoy or not, or if there shall be any breach or non-observance of any of the lessee's covenants herein contained, then and in any such case it shall be lawful for the lessor to enter into and upon the said demised premises or any part thereof in the name of the whole, and to repossess the same as of his former estate: AND the lessor (a) hereby covenants with the lessee that the lessee ment by lessee. paying the rent hereby reserved, and observing and performing the covenants and conditions herein contained, and on his part to be observed and performed, shall and may quietly possess and enjoy the said premises during the said term without any lawful interruption from or by the lessor (a), or any person rightfully claiming from or under him. (Meaning of "lessor" and "lessee," suprà, p. 56.) IN WITNESS, &c. No. XV. BUILDING Parties. Lessors demise parcels BUILDING LEASE to a person who COVENANTS to complete TEN HOUSES, with provisions for APPORTIONING RENT between the SEVERAL HOUSES. The LAND demised is PART of a CONSIDERABLE ESTATE let on similar leases to OTHER PERSONS. THIS INDENTURE, made the day of BETWEEN A. B., of, &c., and C. D., of, &c. (hereinafter called "the lessors") (lessors) of the one part, and E. F., of, &c. (hereinafter called "the lessee") (lessee) of the other part, WITNESSETH, that in consideration of the expense incurred and to be incurred by the lessee in and about the erection and completion of the messuages or dwelling-houses hereinafter mentioned, and of the rent hereinafter reserved, and the lessee's covenants hereinafter contained, the lessors hereby demise unto the lessee, ALL THAT piece or parcel of land situate in Street in aforesaid, the dimensions and boundaries whereof are shown and delineated on the plan drawn in the margin of these presents and therein coloured pink, TOGETHER with the ten several messuages or dwelling-houses now in course of erection thereon, And together also with the use in common of all roads and sewers made or hereafter to be made for the accommodation of the owners and (a) See p. 56, n. (ƒ). LEASE. occupiers of the estate of the lessors: TO HOLD the premises unto BUILDING the lessee for the term of 99 years, to be computed from the 29th day of September, 18-, YIELDING AND PAYING therefor yearly to lessee for during the said term the rent of £, by equal half-yearly pay- years, ninety-nine ments on the 25th day of March and the 29th day of September subject to rent. in every year, the first payment to be made on the day of from lessee to pay houses. next; AND THE lessee hereby covenants with the lessors, in Covenants by manner following, that is to say, THAT the lessee will pay the rent and taxes, yearly rent hereby reserved on the days and in the manner hereinbefore appointed for payment thereof, and will also pay all taxes, rates, charges, and impositions whatsoever, whether parliamentary, parochial, or otherwise (except the landlord's property-tax), payable for the time being in respect of the said premises hereby demised, or any part thereof, or by the landlord or tenant of the same in respect thereof; And also will forthwith well and to fence off premises, sufficiently fence off the said premises hereby demised from the adjoining property: AND ALSO will within the space of the date of these presents, at his (the lessee's) own expense, erect, complete, and finish in and upon the said premises, in a to complete workmanlike and substantial manner, under the inspection and to the satisfaction of the surveyor for the time being of the lessors, the said messuages or dwelling-houses, with proper and suitable out-buildings, walls, yards, drains, and other conveniences, and with a paved footway in front of the same according to the specification and plan deposited with the lessors, and signed by the lessee, and that in erecting and building the said messuages or dwelling-houses, the description, substance, and scantlings of materials to be used shall be subject to the inspection and approbation of such surveyor as aforesaid: And also Not to erect that he the lessee will not, without the previous license in writing buildings withof the lessors or their surveyor, erect, or set up, or suffer to be out license, erected or set up on any part of the said premises hereby demised, any messuage or building other than and except the messuages or dwelling-houses hereby covenanted to be erected and except out-buildings to be occupied and used therewith, not exceeding 15 feet in height to the ridge of the roof, and 200 superficial feet in area, and will not, without such license as aforesaid, make any alteration in the plan or elevation of the said messuages, or or alter plan dwelling-houses, or in any party wall, or in the principal or bearing walls or timbers, or make or suffer to be made on the any other or elevation, |