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PRECEDENTS
IN
CONVEYANCING;
WITH
Dissertations
ON ITS
LAW AND PRACTICE.
FOURTEENTH EDITION.
BY
FREDERICK PRIDEAUX,
LATE PROFESSOR OF THE LAW OF REAL AND PERSONAL PROPERTY TO THE INNS OF COURT,
AND
JOHN WHITCOMBE,
BOTH OF LINCOLN'S INN, ESQRS., BARRISTERS-AT-LAW.
VOL. II.
LONDON:
STEVENS AND SONS, LIMITED,
Law Publishers and Booksellers,
119, CHANCERY LANE,
PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE-E.C.
TABLE OF CONTENTS OF DISSERTATIONS.
1.-LEASES, p. 1.
Division of subject. I. The nature of a lease, the different kinds of lease-
hold estates or tenancies, and how they are created. Definition of a
lease, 1. Lease for a term of years, 1. Tenancy from year to year, 2.
Tenancy at will, 2. Tenancy from year to year was originally a tenancy
at will, 2. Tenancy on sufferance, 2. Lease for more than three years
must be by deed, 2. Tenancy from year to year, how created, 2.
Lessee holding over and paying rent becomes tenant from year to
year, 2. Instrument void as a lease may be sued on as an agreement, 3.
Rights and obligations of parties under an agreement for a lease, 3.
Option to yearly tenant to have a lease, how long it continues, 3.
Effect of agreement by landlord not to turn out tenant so long as he
pays the rent, 4. Mortgagor in possession, the nature of his tenancy, 4.
II. The rent reserved on leases and the remedies for its recovery. Rent, 4.
Right of distress may be exercised for six years, if lease continues, and
if it has determined, for six months afterwards, 5. Executors of
landlord have same right of distress, 5. Preferential right of landlord
over ordinary creditors, 5. Right of landlord to seize goods fraudulently
removed, 5. If tenant is bankrupt, right of distress limited to one
year's rent, 5. Distress for rent due from company which is being
wound up cannot be made without consent of Court, 6. In what cases
leave will be given, 6. In agricultural holdings right of distress
limited to one year, 6. What goods may be distrained, 6. Things
protected from distress, 6. Law of Distress Amendment Act, 7.
Things protected by Agricultural Holdings Act, 7. Appraisement, 7.
Sale by auction, 7. Replevy, 7. Certified bailiff only can levy
distress, 7. Lodgers' goods protected against distress, 7. Rent may
be recovered for six years by action on covenant, 8. No apportionment
of rent by the common law, 8. Statutes as to apportionment, 8. Rents
to accrue from day to day, and be apportionable, 8. Apportioned part
of rent to be payable when next entire portion becomes due, 9.
Persons to have same remedies for apportioned parts as for entire
portions, 9. Proviso as to rents reserved in certain cases, 9. Construc-
tion of the Act, 9. Application of Act to an assignment of lease, as
regards the current rent, 10. The term "dividends" includes bonuses,
&c., payable out of revenues of public companies, but not private
partnerships, 10 n. III. The covenants usually inserted in leases in
relation to rates and taxes, and the preservation, repair and insurance of
the demised property. What are usual covenants in a lease, 10. Rates
Secus, when
and taxes, 10. General covenant to pay rates and taxes, without
exception, includes sewers' rate and land tax, but not the landlord's
property tax, 11. Nor tithe rent-charge, 11. Nor to charges thrown
by Act of Parliament on the owner, but secus, if the covenant extends
in terms to all assessments and charges imposed on the landlord in
respect of the premises, 11. The preservation, repair, and insurance of
the demised property, 11. Tenant liable for actual waste, if there is any
injury to the inheritance, 12. Action may be brought by reversioner,
12. Liability of tenant for life or for years or at will, or from year to
year, as to repairs, 12. Construction of covenants to repair, 13.
Measure of damages on breach of covenant to repair, 13. No warranty
by landlord as to condition of unfurnished house, 13.
house is let furnished, 14. Liability of tenant in case of fire, 14. In
absence of stipulation, lessee not bound to rebuild in case of fire, but
he must do so under general covenant to repair, 14. In absence of
stipulation lessee liable to rent although house has been burnt down, 14.
Proper form of covenant by lessee for insurance, 15. Construction of
covenant, 15. Covenants to insure in underlease, 15. Where lessee
does not insure, damage by fire should be excepted from general
covenant to repair, 15. Covenants in farm leases, 15. IV. Covenants
restrictive of the use of the demised property, and covenants against assign-
ment or underletting without the lessor's consent. Covenant not to carry
on trades, 16. Covenant not to assign or underlet without lessor's
consent, 16. Construction of such a covenant, 16. Underlease not a
breach of covenant against assignment, 17. Assignment by one joint
tenant to the other, 17. Covenant not to assign, &c., cannot be insisted
on, under an open contract, 17. Runs with the land, 17. Measure of
damages on breach of covenant, 17. V. The condition of re-entry, and
the relief afforded by equity against a forfeiture thereunder. Proviso for
re-entry, 18. Cannot be insisted on under open contract, 18. Demand
of rent necessary at common law, 18. Forfeiture waived by acceptance
of rent with notice, 19. Equity will relieve against forfeiture for non-
payment of rent, 19. Formerly Court had no jurisdiction to relieve
against forfeiture for breaches of covenant, 19. Jurisdiction conferred
by recent Act, 19. Restrictions on and relief against forfeiture of
leases, 19. Lessor may apply to Court for relief, 20. Definition of
term lease, 20. Exceptions, 20. No relief under Act in case of an
agreement for a lease, 21. VI. The effect of alienation by the lessor or
lessee as regards the rent and the covenants and conditions of the lease.
Rent follows reversion, and is apportionable on a partial alienation, 21.
Benefit and liability under covenants and conditions made to pass with
reversion by statute, 21. On alienation of reversion of part of demised
land, condition of re-entry for non-payment of rent is available for
apportioned part, 22. But until recent Act condition was gone as
regards breach of covenants except where lessee himself was alienee, 22.
Rent and benefit of lessee's covenants and condition of re-entry to run
with reversion, 22. Obligation of lessor's covenants to run with
reversion, 22. Apportionment of conditions on severance, &c., 23.