The Conveyancing Act 1881 provides that, as regards conveyances subsequent to 1881, unless a contrary intention is expressed, a lease of " land " is to be deemed to include all buildings, fixtures, easements, &c., appertaining to it; and, if there are houses or other buildings on the land demised, all out-houses, erections, &c., are to pass with the lease of the land.
Relief from forfeiture and rights of re-entry are now regulated chiefly by the Conveyancing Acts 1881 and 1882.
- English Law: Wolstenholme, Brinton and Cherry, Conveyancing and Settled Land Acts (London, 9th ed., 1905); Hood and Challis, Conveyancing and Settled Land Acts (London, 7th ed., 1909); Foa, on Landlord and Tenant (London, 4th ed., 1907); Woodfall, on Landlord and Tenant (London, 18th ed., 1907); Fawcett, Landlord and Tenant (London, 3rd ed., 1905).
The term is of less practical importance in t i tle English than in the Scottish system, where it held an important place in the practice of conveyancing, real property having been generally divided into feudal-holding and burgage-holding.
Since the Conveyancing (Scotland) Act 1874, there is, however, not much distinction between burgage tenure and free holding.
The reason for the system preserving for so long its specifically distinct form in Scottish conveyancing was because burgage-holding was an exception to the system of subinfeudation which remained prevalent in Scotland when it was suppressed in England.