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Lectures on Conveyancing (Volume 2)

Lectures on Conveyancing (Volume 2)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867. Excerpt: ... He can also, without written title (except in the cases above referred to), reduce rights improperly granted by the tenant.1 But as to leases under the Act of 1857, the heir, before availing himself of any of the powers conferred by that Act, must make up his title in one or other of the ways prescribed by the Act, and also record his title as thereby appointed.2 Assignation The assignation of the lease is a very simple deed, whether granted oh i.hAH.. under the Act of 1857, or independently thereof. When not under the Act, the tenant, for the considerations specified, assigns to the assignee the lease, with all its rights and privileges, from and after a certain term, subject to the burden of paying the future rents, and fulfilling the other stipulations, all which the assignee, by acceptance of the assignation, becomes bound to pay and fulfil, the cedent engaging to relieve him of byegone rents and other stipulations. When the lease assigned is of ordinary endurance, the warrandice is usually from fact and deed as regards the landlord's powers to grant the lease assigned, which powers the cedent docs not warrant. But the cedent ought to warrant his own title, if he is not the original tenant, absolutely. Where the lease is of extraordinary endurance, and the tenant's right substantially that of a proprietor, I do not see why he should not grant absolute warrandice, including therein his landlord's powers, just as if he were conveying a permanent land right. But this is a point of some difficulty; and undoubtedly past practice, generally a good guide on such a matter, is against the absolute warrandice. The word ' dispone' is not necessary, and is not appropriate, in the conveyance of a lease.3 Under the Act of 1857, the form of the assignation is substa...


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Product Details
  • ISBN-13: 9781235683121
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 298
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1235683125
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 535 gr


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