No. XXIII.

Lease for Years by Tenant in Tail, or Tenant for
Life at Common Law(1).

Variations where the Lessor is Tenant pur autre vie.
Where the Reversioner joins, &c. as below (2).

THIS INDENTURE, made the

day of

LEASES.

Tenant in Tail,

or for Life at Common Law.

(1) By the common law, that is, before the stat. of 32 Hen. VIII. c. 28. (and notwithstanding the statute de donis), leases made by tenants in tail, or tenants for life, were determinable at the death of the lessor, unless confirmed by the issue in tail or reversioner; see Cooper, 47. 2 Elem. Conv. 2 Ed. 159, 314, 317. And with respect to tenants for life, under a deed or will, without power of leasing, it is still the same; and it has in many cases been considered, under particular circumstances, more for the interest as well of the lessee as of the lessor, to disregard the requisites of the statute, by making a lease at common law for a longer term, &c. than allowed by the statute, and taking collateral security for any loss which the lessee may sustain by its earlier termination; hence a form of such lease is here given. (2) See the notes, &c. to No. VIII. ante, p. 65, and varia- Notes, &c. tions, &c. to No. IX. ante, p. 94.

If of a public house or tavern, No. XII.

If of a mill, ante, No. XIII.

If of an unfinished house, ante, No. XIV.

If it be a building lease, see ante, No. XV.

VOL. IV. ́

C C

Public house.

Mill.

Unfinished house.

Building lease.

LEASES. [* in the

Tenant in Tail, or for Life at Common Law.

Parties.
Recitals.

WITNESS,

in consideration of rent, &c.

the

year of our Lord year

of the reign, &c. and] in

BETWEEN

(the lessor) (1) of, &c. of the one part, and (the
lessee) of, &c.
of the other part (2).
WHEREAS the said (lessor) is tenant in tail, (or
tenant for his own life), of the lands and heredita-
ments hereinafter described. AND WHEREAS (3)
the said (lessee) has agreed with the said (lessor)
for a lease thereof, for the term of
years,

rent and covenants hereinafter contained. Now

THIS INDENTURE WITNESSETH, that in pursuance

Country house.
Copyhold.

Farm.

Tithes.
Mines.

Brevity.

Agent.

Reversioner.

Prior agree

ment.

Reversioner joining.

If of a country house, see ante, No. XVI.

If the premises be copyhold, ante, No. XVII.
If of a farm, No. XVIII.

If of a prebend or tithes, ante, No. XIX.

If of mines or the like, ante, No. XX.

* If it be desired that the lease should be prepared with all practicable conciseness, the words within brackets may be omitted throughout the precedent.

(1) If the lease be granted by a bailiff, &c. of the lessor, see ante, p. 94, n. (1).

(2) If the reversioner join, make him of the second part, and the lessee of the third part.

(3) If the lease be granted in pursuance of a previous written agreement, such agreement may be here recited, as ante, p. 93, n. (2).

If the reversioner joins, recite,

"And whereas the said (lessor) under or by virtue of an indenture, &c. (as the case may be) is entitled to the messuage, &c. hereinbefore demised, for the term of his natural life, and the said (reversioner) is entitled to the same messuage and premises in fee simple (or as the case may be) in reversion expectant upon his decease."

LEASES.

or for Life at Common Law.

&c.

of the said agreement, and for and in consideration (1) of the yearly rent hereinafter reserved, Tenant in Tail, and of the several covenants and agreements hereinafter contained, which on the part of the said (lessee) his executors, administrators, and assigns are to be paid, performed, or observed, HE the said (lessor) HATH granted (2), demised, Lessor grants, and leased, and by these presents DoтH grant, demise, and lease, unto the said (lessee) his executors, administrators, and assigns, [such assigns being so to be approved as hereinafter is mentioned], ALL that messuage or tenement and Parcels. dwelling-house situated at in the county of and usually called or known by the name of House, with the yard, garden, paddock (3), stables, buildings, outhouses, and appurtenances thereunto belonging: And also all those several fields, closes, and parcels of land, part arable or part meadow and pasture land, adjoining thereto, containing in the whole

acres or thereabouts, and abutting and bounden as follows, (that is to say) one field or close called

(1) If the tenant has expended or has agreed to expend a sum Money expendof money in repairing the premises, see ante, p. 95, n. (3), also ed in repairs. ante, No. XV.

(2) If the reversioner join in the lease, make him demise Reversioner jointly with the tenant in tail, or for life, as,

"They the said (tenant and reversioner) have and each

of them hath granted," &c.

joining.

(3) If the lease be of a dwelling-house alone, see ante, Nos. Dwelling-house. VIII. and IX.

LEASES.

Tenant in Tail,

, abutting east, on, &c. &c. Together with all ways, commons, waters, profits, advan or for Life at tages, easements, privileges, and appurtenances whatsoever, to the said messuage or tenement, dwelling-house, land, and premises belonging, or

Common Law.

To hold to the lessee for the term of

years.

in
any wise appertaining, or usually holden, used,
or enjoyed therewith, except, &c. (1). TO HAVE
AND TO HOLD the said messuage or tenement, and
dwelling-house, piece or parcel of ground, and all
and singular other the premises hereby demised
or leased, or mentioned or intended so to be, with
the rights, members, easements, and appurte-
nances to the same belonging, unto the said
(lessee) his executors, administrators, and assigns,
(such assigns being to be so approved as afore-
said) from the
day of
now last past,
for and during the full and complete term of
years, if he the said (lessor) (or other per-

son on whose death the estate of the lessor will
cease), shall so long live, thence next ensuing (2);

Exception.

Houses adjoining.

Lease determinable.

Reversion.er.

(1) Insert here any exception there may be out of the demise; and if reversioner join, let the exception be,

"Unto the said (lessor) and his assigns, during such part of the term hereby demised as he shall happen to live, and from and after his decease, unto the said (reversioner) his heirs and assigns."

If the lessor have other houses adjoining, see ante, p. 96, n. (5).

(2) If the lease is to be determinable on notice, add,
"Determinable nevertheless as hereinafter mentioned."
If the reversioner join, say,

"YIELDING AND PAYING, &c. during so many years of

LEASES.

YIELDING AND PAYING for the same yearly and every (1) year, during the said term, or other continuance of this demise, (notwithstanding and or for Life at without abatement or suspension by reason of fire

Tenant in Tail,

Common Law,

rent of £

or other accident) unto the said (lessor) and his At the yearly assigns (2), the rent or sum of £

of lawful money of that part of the United Kingdom of Great Britain and Ireland, called England, by equal quarterly payments, on the

day of

the

day of

the

day of

in every year, free and clear of and from the land and sewers' tax, and all manner of other taxes, rates, assessments, deductions, and abatements whatsoever, whether already or at any time hereafter to be imposed upon, or payable by the landlord or tenant thereof, for or in respect

the said term of
years, as the said (tenant for life)
shall live, unto him the said (tenant for life) and his assigns,
the rent or sum of £
of, &c. and YIELDING AND
PAYING unto the said (reversioner) his heirs and assigns,
from and after the decease of the said (tenant for life) for
and during the then residue of the said term the same sum of
£ of like lawful and current money, at and upon

the same days or times in every year."

(1) If the tenant, in consideration of his finishing the mes- Pepper-corn suage, &c. is to have the premises rent free for the first year, or rent.

other portion of the term, add as in p. 97, n. (8). And see ante, No. XV.

(2) If the lessor be tenant for the life of another, the reserva- Autre vic, tion may be made to the "heirs and assigns," or the " executors, administrators, and assigns," of the lessor. 2 Elem. Conv. 2d Ed. p. 155.