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,

LONDON:

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.