An assignment which creates the relationship of landlord and tenant between the lessor or lessee and the assignee, must be by deed, but the acceptance by a landlord of rent from a tenant under an invalid assignment may create an implied tenancy from year to year; and similarly payment of rent by a tenant may amount to an acknowledgment of his landlord's title.
If the lands assigned are situated in Middlesex or Yorkshire, the assignment should be registered under the Middlesex Registry or Yorkshire Registries Acts, as the case may be; and similar provision is now made for the registration by an assignee of his title under the Land Transfer Acts 1875 and 1897.
A lease may be transmitted (i.) by " assignation," intimated to the landlord, and followed by possession on the part of the assignee; (ii.) by sub-lease - the effect of which is equivalent to that of under-lease in English law; (iii.) by succession, as of the heir of a tenant; (iv.) in the case of agricultural holdings, by bequest (Agricultural Holdings [Scotland] Act 1883, s.
At common law, it was said that covenants " ran with the land " but not with the reversion, the assignee of the reversion not having the rights of the original lessor.