ises in repair, must be with the mortgagee only, and in return the mortgagee must covenant for quiet enjoyment by the lessee.

810. In leases of dwelling-houses the usual covenants of the tenant are to pay rent and taxes, to keep and leave the interior of the premises in repair, and to deliver up possession at the end of the term. The landlord covenants to repair the exterior of the premises, and that lessor shall have peaceable enjoyment during the term. Insurance against fire is not a usual covenant, and cannot be enforced on the lessee.

811. A covenant to pay rent, though implied in the words “yielding and paying," is usually inserted in a lease; and, if the rent is to be paid at times not customary, such times should be stated as "the yearly sum of dollars, by twelve equal monthly pay

"ments, &c."

812. If house and furniture are let together, the lease should contain two reddendums, as mentioned at n. 805.

813. Additional rent on commission of certain acts. (See n. 807.) 814. Rent of wife's lands in lease by husband and wife.

n. 801 and form 859.)

(See

815. Rent to tenant for life and reversioner. (See n. 860.) 816. If a surety concurs. (See the form n. 861.)

817. To pay rates and taxes, see form of this covenant, when lessee pays, n. 844, 845, 846, and 863; when lessor, n. 855.

818. To keep and leave premises in repair. (See n. 864, and furniture 865, 866.)

In this covenant the word "keep" is essential, for otherwise, whatever the dilapidation, there would be no breach until the end of the term; but the lessee is not liable for fair wear and tear, and he should expressly agree with the lessor not to be liable for violent accidents. (See n. 843 (13,) 850 (4.)

819. If furniture is let with a house, the lessee covenants as in

form 865.

820. Landlord's repairs should be distinctly expressed; and, if the lessee may do them on landlord's default, and deduct the cost from the rent, that should be expressly declared.

821. If lessee is to insure against fire, it should be made imperative on him to produce the receipts and vouchers of payment immediately after payment. ( (See n. 846.)

822. The usual covenants in a farm lease are contained in form

n. 845.

823. A right of entry in the last year of the term is usually reserved to the landlord, to enable an incoming tenant to prepare for future crops.

824. The usual covenants by lessee in building leases are to pay rent and taxes, and to keep and leave the premises in tenantable repair. All the rest are special, and vary with every particular case.

825. The usual covenant of a lessor seized in fee is that lessee shall have quiet enjoyment; but, if he have only a term of years, then his covenants are more extensive: as that the lease he holds under is valid; that the rents and covenants have been duly paid and performed; that he has good right to underlet; for quiet enjoyment, freedom from incumbrances, and further assurance; to produce the original lease to his lessee, to pay the rents and perform the covenants in said lease, and indemnify the underlessee therefrom; to which is often added, that the underlessee shall not be liable to pay his lessor any rent before the latter shall produce a receipt for the last year's rent under the original lease.

826. To rebuild the premises, if destroyed by accident, is also a proper covenant of the lessor in many cases.

PROVISOES.

827. The common provisoes are.:—

(1.) To avoid the term for non-payment of rent.

(2.) For avoidance on breach or non-performance of covenants by the lessor.

(3.) For determining the term by either party on an agreed

notice.

(4.) For cesser, or suspension of rent, in case the premises are destroyed by accident.

828. Power of re-entry on non-payment of rent is very important, and the usual conditions precedent are set out in form n. 875.

829. In leases determinable on lives, it is common to provide for determination of the term if lessee fails to show the existence of the lives; and, as to proof of existence or presumption of death, see the statutes 19 Car. ii., c. 6, sec. 2; and, as to reinstatement after undue eviction, the same statute, sec. 5 and generally 6 Anne, c. 18.

830. As to cesser of rent, if the premises are destroyed, see n. 818.

ATTORNMENTS.

831. Attornments are dispensed with in most cases under the statute 4 Anne, c. 16; but sometimes they are necessary, as if tenant hold under a lease granted after the mortgage, for then attornment to the mortgagee is necessary to give him power to distrain, which he cannot do without it, though he may evict the tenant without notice as a trespasser; but, if the lease is prior to the mortgage, a simple notice by the mortgagee to the tenant to pay him the rents is sufficient, for such notice operates at common law as an attornment, and relates to the time of the grant and to all rents not then actually paid over to the mortgagor.

For several forms of attornments, see n. 900a, 900b, 900c, 900d.

832. Sometimes mortgagor attorns to mortgagee. (See form n. 903c.)

833. For attornment by tenant, whom mortgagee has recovered against in ejectment, see form n. 904a.

EASEMENTS.

834. Easements are usually granted and contained in the same conveyance with the property to which they appertain, or they pass as appurtenant to the dominant tenement itself; but some easements, as rights of way, or the use of a drain or water-course, are sometimes granted separately.

835. A grant under seal is necessary to the conveyance of an easement; for, if made by parol, it may be revoked at any time, even though the licensee may have expended large sums of money on the faith of its continuance. If, however, A has acquired an easement in addition to the ordinary rights of property, he may relinquish it by parol and be bound thereby: as if he have, by grant or prescription, acquired a right to ancient lights which overlook the property of B, and he gives B parol license to build in front of them on his own land, and B builds accordingly, the license cannot be revoked; but, if B gives A a similar license to turn a spout upon his land, that license may be revoked, for this would be the imposition of a burden upon the land in derogation of the ordinary rights of property; and even in the first instance the act permitted must be actually performed, therefore semble that, if the extinguishment of an easement depends upon a repetition of acts, a parol license would not be sufficient.

836. A grant of right of way, if intended to run with the land, must be restricted to such purposes as are connected with the enjoyment of the land, which is only to pass and repass to and from it; and therefore a grant of right of way "for all purposes whatsoever" will not run with the land, or entitle an assignee to any benefit under it.

The form n. 1345, contains the most usual limitations and stipulations of this kind of grant; among which it should always be expressly stated by whom the repairs are to be made, a burden which usually falls upon the grantee.

837. Where the right to the soil is granted as well as of the way, it is usually by demise, at a yearly rent, for a term of years.

838. If the right is to be free of all restraint, see form n. 1346. 839. The usual form of a release of right of way will be found in n. 1347.

334

FORMS.

840. AGREEMENT for a LEASE for a YEAR, and so from YEAR to YEAR, [DETERMINABLE on a SIX MONTH'S NOTICE by either LANDLORD or TENANT.]

of

(1.) ARTICLES OF AGREEMENT made and entered into, this A. D. 18

ada,

day of

in the county of

between A. B., of

and Province of Can

of

(lessor,) for himself, his heirs, executors, and administrators, of the one part, and C. D., of in the county of and province aforesaid, (lessec,) for himself, his executors, administrators, and assigns, of the other part.

in the

in

of

of

(2.) THE SAID A. B. doth hereby agree to let, and the said C. D. to take, all that messuage, tenement, or dwelling-house, with the outhouses, garden, and appurtenances thereunto belonging, situate and being No. street, in the in the county of late in the occupation of esquire, but now untenanted, for the term of one year, from the day of the date thereof, and so on, from year to year, until the tenancy shall be determined by six calendar months' previous notice in writing by either party to the other, such notice to expire either at Michaelmas or Lady-day; which notice shall in all cases determine the current year of the tenancy.

(3.) THAT the rent to be paid for the said premises shall be dollars a year, without deduction, and shall be payable by four equal quarterly payments, on the

the

day of
day of

day of

and the
to be made on the

day of
day of

; the first quarterly payment

next.

(4.) AND ALSO that the said C. D. shall keep and leave the said premises in as good a state of repair and condition as the same are now in, reasonable wear and tear, and accidents by fire, flood, storm, or tempest, only excepted.

(5.) AND, LASTLY, it is hereby agreed that this instrument shall operate as an agreement for a lease, and not as a lease.

IN WITNESS WHEREOF, the said parties hereunto have set their hands, the day and year first above written.

SIGNED in presence of

E. F.

A. B.

C. D. 335

841. AGREEMENT for a LEASE, LESSEE to REPAIR and

INSURE.

KNOW ALL MEN BY THESE PRESENTS: That A. B., of the

in the county of

in the county of

of

and Province of Canof

ada, esquire, hereby agrees to let, and C. D., of the

, and province aforesaid, farmer, agrees to take, ALL THAT, &c., (parcels,) and the rights, easements, and appurtenances therewith held, used, or enjoyed, for years from the

day of

at the yearly rent of

one thousand eight hundred and dollars, clear of all existing and future taxes, rates, and outgoings, and to be payable, by equal half-yearly payments, on the

and

on the

day of

in every year, the first of such payments to be made

day of

next.

AND THAT THE SAID C. D. shall keep the said premises, and at the end of the term give them up, in the same order and repair as they now are in, and shall keep them insured against loss by fire in a sum not less than dollars, and, when required, produce the policy of such insurance, and the receipts for the premiums.

IN WITNESS, &c., (as in n. 840.)

812. AGREEMENT for a LEASE, CONTAINING all the USUAL

COVENANTS.

ARTICLES OF AGREEMENT made and entered into, this

day of

between A. B., of

and Province of Canada, of the one part,

the county of and C. D., of in the county of and province aforesaid, of the other part, witnesseth as follows:THAT THE SAID A. B. shall let, and the said C. D. shall take, ALL THAT, &c., (parcels,) with the fixtures now in, upon, or belonging to the same, and the rights, easements, and appurtenances therewith held, used, or enjoyed, for the term of years from the clear of all existing

at the yearly rent, and future taxes, rates, and outgoings, of able, by four equal payments, on the

of such payments to be made on the

next.

THAT THE SAID A. B., his heirs or assigns, will, on the request of the said C. D., his executors, administrators, or assigns, execute a