The lessee, or farmer, tills the soil at his own risk; usually he provides live stock, implements and capital, and has no right to compensation for ordinary improvements, nor for extraordinary improvements effected without the landlords consent.
Under the gabella lease the contract lasts twenty-nine years, the lessee being obliged to make improvements, but being sometimes exempted from rent during the first years.
Whether a particular instrument is a lease, or an agreement for a lease, or a bare licence, is a question the answer to which depends to a large extent on the circumstances of individual cases; and the only general rule is that in a lease there must be an expression of intention on the part of the lessor to convey, and of the lessee to accept, the exclusive possession of the thing let for the prescribed term and on the prescribed conditions.
If it contains a complete contract between the parties and satisfies the provisions - to be noted immediately - of the Statute of Frauds, and if, in all the circumstances, its enforcement is just and equitable), the lessee is treated as having a lease for the term fixed in the agreement from the time that he took possession under it, just as if a valid lease had been executed.
- A lease for life must be made by deed, and the term may be the life of the lessee and the life or lives of some other person or persons, and in the latter case either for their joint lives or for the life of the survivor; also for the lives of the lessee himself and of some other person or persons, and this constitutes a single estate.
A lease under the Settled Land Act 1882 must be by deed and must be made to take effect in possession not later than 12 months after its date; the best rent that can reasonably be obtained must be reserved and the lease must contain a covenant by the lessee for payment of the rent, and a condition of re-entry on nonpayment within a specified time not exceeding 30 days.
At the will of both, for if a demise be made to hold at the will of the lessor, the law implies that it is at the will of the lessee also and vice versa.
Sporting rights will pass to the lessee unless reserved.
Thus a lessee is under an implied obligation to treat the premises demised in a tenant-like or " husband-like " manner, and again, where in a lease by deed the word " demise " is used, the lessor probably covenants impliedly for his own title and for the quiet enjoyment of the premises by the lessee.
A covenant by the lessor, limited to his own acts and those of persons claiming under or through him, for the "quiet enjoyment" by the lessee of the demised premises, and covenants by the lessee to pay rent, to pay taxes, except such as fall upon the landlord, to keep the premises in repair, and to allow the landlord to enter and view the condition of the premises may be taken as typical instances of " usual " covenants.
Covenants by the lessee to build and repair, not to assign or underlet without license, or to insure, or not to carry on a particular trade on the premises leased, have been held not to be " usual."
As instances of " collateral " covenants, we may take a covenant by a lessor to give the lessee a right of pre-emption over a piece of land adjoining the subject of the demise, or in the case of a lease of a beer-shop, not to keep any similar shop within a prescribed distance from the premises demised, or a covenant by a lessee to pay rates on premises not demised.
In addition a lease frequently contains covenants for renewal of the lease at the option of the lessee, and for repairs or insurance against damage by fire by the lessee.
Leases frequently contain a covenant by the lessee to bear and pay rates, taxes, assessments and other " impositions " or " charges," or " duties " or " outgoings," or " burdens " (except property tax) imposed upon the demised premises during the term.
The decisions on the point are numerous and difficult to reconcile, but the main test is whether, on the true construction of the particular covenant, the lessee has undertaken to indemnify the landlord against payments of all kinds.
It may be added that, if a lessee covenants to pay rates and taxes, no demand by the collector apparently is necessary to constitute a breach of the covenant; where a rate is duly made and published it is the duty of the parties assessed to seek out the collector and pay it.
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.
Under these acts a right of reentry or forfeiture is not to be enforceable unless and until the lessor has served on the lessee a written notice specifying the breach of covenant or condition complained of, and requiring him to remedy it or make compensation, and this demand has not within a reasonable time been complied with; and when a lessor is proceeding to enforce such a right the court may, if it think fit, grant relief to the lessee.
Such a lease for more than a year is not effectual even for a year, except where the lessee has taken possession.
Persons acquiring by purchase or adjudication, and the lessee was liable to be ejected by such persons, unless (a precaution usually taken) sasine of the subjects demised was expressly conferred on him by the lease.
Forfeiture only renders a lease void as regards the lessee; it may be waived by the lessor, and acceptance by the landlord of rent due after forfeiture, with notice of such forfeiture.
The lessor is bound by the nature of his contract and without the need of any particular stipulation (i.) to deliver to the lessee the thing hired in a good state of repair; (ii.) to maintain it in a state to serve the purpose for which it has been hired; (iii.) to secure to the lessee peaceable enjoyment during the continuance of the lease (Arts.
He is bound to warrant the lessee against, and to indemnify him for, any loss arising from any faults or defects in the thing hired which prevent its use, even though he was not aware of them at the time of the lease (Art.
In case of partial destruction, the lessee may, according to circumstances, demand either a diminution of the price, or the cancellation of the lease.
The lessee is bound, on his side (i.) to use the thing hired like a good head of a household (bon pere de famille), in accordance with the express or presumed purpose of the hiring; (ii.) to pay the price of the hiring at the times agreed (Art.
If a statement of the condition of the property (etat des lieux) has been prepared, the lessee must give it up such as he received it according to the statement, except what has perished or decayed by age or by means of force majeure (Art.
In the absence of an etat des lieux, the lessee is presumed to have received the thing hired in a good state of tenantable repair, and must so yield it up, saving proof to the contrary (Art.
The lessee is liable for injuries and losses happening by the act of persons belonging to his house or of his sub-tenants (Art.
1 737) - if at that period the lessee remains and is left in possession, there is, in the case of written leases, a tacit renewal (tacite reconduction) of the lease as a verbal lease (Arts.
1738-1739) (ii.) by the loss of the thing hired and by the default of the lessor or lessee in the fulfilment of their respective obligations (Art.
1741), but (iii.) not by the death either of the lessor or of the lessee (1742).
The lessee is bound to stock the farm with the cattle and implements necessary for its husbandry (Art.
The lessee must give notice to the lessor of any acts of usurpation committed on the property (Art.
If at least half of the harvest in any year is destroyed by accident, the lessee (a) in the case of a lease for several years, obtains, at the end of his lease, a refund of rent, by way of indemnity, unless he has been indemnified by preceding harvests; (b) in the case of a lease for a year only, may secure a proportional abatement of the current rent.
No refund is payable if the produce was severed before the accident, unless the lessor was entitled to a portion of it, when he must bear his share of the loss, provided the lessee was not in morel as regards the delivery of the lessor's portion.
The lessee has no right to a refund when the cause of damage was existing and known at the date of the lease (Arts.
Liability for loss by " accidents " may be thrown on the lessee by express stipulation (Art.
" Accidents " here mean ordinary accidents only, such as hail, lightning or frost, and the lessee will not be answerable for loss caused by extraordinary accidents such as war or floods, unless he has, been made liable for all accidents, foreseen or unforeseen (Art.
A verbal lease is deemed to be for the term necessary to enable the lessee to gather in all the produce, thus for a year in the case of a meadow or vineyard; in the case of lands leased in tillage, where they are divided into shifts or seasons, for as many years as there are shifts (Art.
There are several varieties of the contract, (i.) simple cheptel (cheptel simple) in which the whole stock is supplied by the lessor - the lessee taking half the profit and bearing half the loss (Art.
The 1232 convicts " on hand" at the close of 1908 were held in 38 camps, 4 being the minimum, and 160 the maximum number, at a camp. In 1908 two central hospitals for the prisoners were maintained by the lessee company.
He had accepted an engagement there as conductor; but, the lessee becoming bankrupt, the scheme was abandoned in favour of a better appointment at Riga.
The act also declares the validit y of leases made by a simoniac or simoniacallypresented person, if bona fide and for valuable consideration to a lessee ignorant of the simony.
The miners are all Kachins, and the right to collect the jade duty of 331 is farmed out by government to a lessee, who has hitherto always been a Chinaman.
Lead is extracted by a Chinese lessee from the mines at Bawzaing (Maw-son) in the Myelat, southern Shan States.
Legally its characteristic feature was that the lessee had no right of any kind against the grantor.
While these negotiations were going on, various German companies had set to work to exploit the country, and on the 16th of August 1888 the German East African Company, the lessee of the Zanzibar mainland strip, took over the administration from the Arabs.
It is served by the following railways: the Pittsburg, Cincinnati, Chicago & St Louis (Pennsylvania system), the Cleveland, Cincinnati, Chicago & St Louis (New York Central system), the Chicago, Cincinnati & Louisville, the Cincinnati, New Orleans & Texas Pacific (the lessee of the Cincinnati Southern railway,' connecting Cincinnati and Chattanooga, Tenn., its line ' The Cincinnati Southern railway is of especial interest in that it was built by the city of Cincinnati in its corporate capacity.
They were not payable of the following, except by custom: things of the substance of the earth, such as coals, minerals, turf and the like; things ferae naturae, such as fish, deer and the like; things tame, such as fowls, hounds or fish kept for pleasure or curiosity; barren land, until it is converted into arable or meadow land, and has been so for seven years; forest land, if in the hands of the king or his lessee, unless disafforested; a park which is disparked; or glebe land in the hands of the parson or vicar, which was mutually exempted from payment by the one to the other, but not if in the hands of the vicar's lessee.