effect on the remainder, which still exists in full force until released or extinguished (Ingersoll v. Sergeant, 1 Whart. 337).

Not only may the land out of which the rent issues be apportioned but the ownership of the rent may also be divided among any number of persons, and the owner of any portion may maintain a separate action for his portion of the rent and the tenant is bound to pay each his due portion (Reed v. Ward, 22 Pa. 144).

SECTION III.

REMEDIES FOR COLLECTION OF GROUND RENT AND PRINCIPAL.

110. When and How Rent Must be Paid.

The rent must be paid according to the terms of the deed. If it provides that rent is to be paid in lawful money of the United States it may be paid in any legal tender. If it provides "payable in coin of a specified weight and fineness" it must be paid by coin of that weight and fineness, unless such coin is no longer legal tender, in which case it may be paid in legal tender (Cook v. Lovett, 17 D. R. 347). It must be paid when due or the ground rent landlord may proceed to collect the rent by any remedies hereinafter set forth; which remedies are cumulative; i. e., the party entitled to the ground rent may invoke any or all until he is satisfied (Hiester v. Shaefer, 45 Pa. 537).

111. Remedy by Distress.

The owner of the ground rent may distrain like the lessor of a term of years. This right is an incident of a ground rent and exists without special provision in the deed (Wallace v. Harmstead, 44 Pa. 492). Although the ground rent deeds usually have inserted a distress clause in the deed which includes a waiver of exemption in order to make this remedy more complete. In distress for ground rent the procedure is the same as any other distress for house rent, and if the ground rent deed contains a waiver of the exemption law it is usually effective. Tenant's goods as well as the owner is liable for distress.

112. Remedy by Re-entry.

This remedy is practically obsolete although it may still be enforced. It is, however, a troublesome procedure and rarely used because the following steps must be carefully taken: Dis

tress must first be made and if sufficient property be not found to pay the rent due, an actual demand must be made before sundown on the precise day when due for the exact amount (McCormick v. Connell, 6 S. & R. 151). This demand must be made even though the land is unoccupied (Homet v. Singer, 35 Superior Ct. 491). If possession of the land be refused ejectment proceedings must be commenced to oust the tenant in possession. If there be no one in possession, then the ground rent landlord may enter without difficulty, but as there is nothing on record, equity proceeding must be commenced to perpetuate testimony (Cadwallader v. App, 81 Pa. 194).

113. Remedy by Action of Ejectment.

Wherever the ground rent deed provides for a right to reenter upon the breach of covenants then the ground rent landlord may begin an action of ejectment upon such breach. This is the more common method of proceeding where the right to reenter is desired to be enforced, having the advantage of avoiding a personal conflict and being a matter of record.

114. Remedy by Suit or Action of Assumpsit.

The most common remedy to recover ground rent due is to sue the tenant, the person liable to pay the ground rent in an action of contract. The ground rent deed is a contract or covenant to pay the rent hence an action of contract lies. If the original grantee of the land out of which the rent issues transfers the land, the assignee becomes liable to pay the rent and a personal action may be commenced against him. But since the Act of June 12, 1878, P. L. 205, the personal liability for ground rent remains only so long as the grantee owns the land; he is relieved of such personal liability on bona fide conveying the land to a purchaser.

SECTION IV.

LIEN AND DISCHARGE OF GROUND RENTS.

115. Lien of Ground Rents and Arrearages of Rent.

Strictly speaking a ground rent is not a lien, though its practical effect on the title is that of any other incumbrance. Therefore, a property subject to a ground rent would not satisfy the terms of an agreement of sale calling for a market

able title clear of all encumbrance. Not only is the ground rent in the nature of a lien on property but all the arrears of the ground rent, rent or interest unpaid remains a lien against the property as of the date of the ground rent deed. This means that a mortgage on a property subject to a ground rent comes after ground rent arrearages that may have accrued after the mortgage because all of these arrearages become liens as of the date of the ground rent deed. Said the Supreme Court of Pennsylvania (Devine's App., 30 Pa. 351): "The priority of the lien for arrears is determinable by the date of the ground rent deed without regard to the time when they accrued. It is to the deed. alone that the subsequent incumbrance or purchaser can look."

116. Discharge of Ground Rents by Extinguishment. Form.

A ground rent cannot be discharged on payment of principal sum, by merely satisfying the record, as in the case of a mortgage. It must be done by a formal instrument called a deed of extinguishment. As it is really a conveyance of real estate, all formalities incident to ordinary deeds must be observed. Thus, if the owner of the ground rent is married his wife must join in the deed of extinguishment to release her dower. A form of a Deed of Extinguishment is here given. It is really an assignment of the rent to the owner of the land and operates to extinguish the ground rent as explained in the next paragraph (117). The same form can be used for assignments of ground rents to third parties.

Deed of Extinguishment or Assignment of Ground Rent.*

THIS INDENTURE, made the first day of August, in the year of our Lord one thousand nine hundred and twelve (1912), BETWEEN John Smith, gentleman, of the City of Philadelphia, State of Pennsylvania, and Rudolph Long, builder, of the City of Philadelphia, State of Pennsylvania, of the other part: WITNESSETH, That the said John Smith, for and in consideration of the sum of one thousand ($1,000.00) dollars, lawful money of the United States of America, unto him well and truly paid by the said Rudolph Long at and before the sealing and delivery

*This is the regular printed form of deed of extinguishment or assignment. The words in italics are filled in by the conveyancer. The same form may be used for assignments of ground rents, in which case instead of using the words, "sell, release and confirm," in the granting clause, use the words, "sell, assign, transfer and set over."

of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, released, confirmed and by these presents doth grant, bargain, sell, release and confirm unto the said Rudolph Long, his heirs and assigns, all that certain yearly ground rent charge or sum of sixty dollars, chargeable on and payable in half-yearly payments on the first days of the months of February and August in every year without deduction for taxes, etc., issuing out of all that certain lot or piece of ground situate on the west side of "Y" Street, at a distance of three hundred and thirty-seven (337) feet northward from the north side of "X" Street, in the Fiftieth Ward of the City of Philadelphia, containing in front or breadth of said "Y" Street Eighteen (18) feet and extending of that width in length or depth westward between two parallel lines at right angles of said "X" Street one hundred (100) feet to a certain three feet wide alley, and extending northward from "X" Street to "Z" Street. Being the same premises which Andrew Brown and wife by indenture bearing date the second day of January, A. D. 1912, and recorded in the Office for the Recording of Deeds in Deed Book W. S. V., No. 1362, page 45, etc., granted and conveyed unto the said John Smith in fee. Together with the right, liberty and privilege of the aforesaid alley as and for a passageway and water-course hereafter forever. And TOGETHER with all and singular the ways, means, rights, privileges, remedies, right and power of entry, distress and of re-entry, and all other the covenants, ways, means and remedies for recovering payment of the aforesaid yearly ground rent and the arrearages thereof, and all and singular the other rights incidents and appurtenances whatsoever thereunto belonging, and the reversions and remainders thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, of him, the said John Smith, either in law or equity, as well of, in, to and out of the said yearly rent or sum hereby granted, as also of, in and to the aforesaid lot or piece of ground, with the appurtenances, for and out of which the said rent issuing and payable: TO HAVE AND TO HOLD the said yearly ground rent with the appurtenances, hereditaments and premises hereby granted, or mentioned and intended so to be, with the rights, remedies, incidents and appurtenances, unto the said Rudolph Long, his heirs, executors, administrators and assigns, to and for the only proper use and behoof of the said Rudolph Long, his heirs, executors, administrators and assigns forever. And the said John Smith does by these presents, covenant, grant and agree, to and with the said Rudolph Long, his heirs, executors, administrators and assigns, that he, the said John Smith, all and singular the hereditaments and premises hereby granted, or mentioned or intended so to be, with the rights, remedies, incidents and appurtenances, unto the said Rudolph Long, his heirs, executors, administrators and assigns, against the said John Smith, his

heirs, executors, administrators and assigns, and against all and every other person or persons whomsoever lawfully claiming or to claim, by, from or under him, them or any of them, shall and will warrant and forever defend by these presents.

IN WITNESS WHEREOF, the said parties to these presents have hereunto interchangeably set their hands and seals. Dated the day and year first above written.

Sealed and delivered in the presence of us:

John Doe.

Richard Roe.

John Smith. (Seal.)

RECEIVED, the day of the date of the above indenture, of the above-named Rudolph Long the sum of one thousand ($1,000.00) dollars, being the full consideration money above mentioned.

WITNESS AT SIGNING:

Richard Roe.

STATE OF PENNSYLVANIA,

COUNTY OF PHILADELPHIA,

}

SS:

John Smith.

ON THE first day of August, Anno Domini 1912, before me, the subscriber, a notary public for the Commonwealth of Pennsylvania, residing in the City of Philadelphia, personally appeared the above-named John Smith, and in due form of law acknowledged the above indenture to be his act and deed, and desired the same might be recorded as such.

WITNESS my hand and notarial seal the day and year aforesaid. Richard Roe, Notary Public.

117. Discharge by Merger.

If the owner of the ground rent subsequently acquires title to the land out of which the rent issues, the ground rent is said to be merged and is extinguished. By operation of law, when the right to the land and the right to the rent are united in the same person, the rent becomes extinct (Charnley v. Hansbury, 13 Pa. 16). But this does not happen where a mortgage intervenes which was given by a prior owner of the land (Cook v. Brightly, 46 Pa. 439). And it must, also, be the same person who holds the fee, so where a ground rent of a wife's real estate was acquired by the husband, it was held not to have merged even after the wife died and the husband became possessed of her real estate by curtesy (Pa. Co. v. Singheiser, 235 Pa. 241).