No. XXXII. Lease by two Persons holding in Joint-tenancy or Variations where they are Tenants in Common (1). THIS INDENTURE, of three parts, made the LEASES. By Joint-tenants, &c. &c. (1) Joint-tenants, tenants in common, and co-parceners may Joint-tenants, join in making a lease of their interests to a stranger, or they may demise their respective shares either to strangers or to each other. See Co. Lit. 186. a. But if joint-tenants join in a lease it will be but one lease of the interests, they having amongst them but one freehold; but if tenants in common join in a lease, it will be several leases of their respective parts, 2 Roll. Ab. b. 4. And such lease by joint-tenants will be binding on the survivor, even though the lessor should die before his co-tenant, or before the commencement of the term, Co. Lit. 185, a. Clerk v. Turner, 2 Vern. 323, as such lease operates as a severance pro tanto of the land, Lit. s. 302, Co. Lit. 191, b. and see 2 Elem. Conv. 2d Edit. p. 389. (2) If the lease be of a furnished house, see ante, No. XI. If of a public house or tavern, ante, 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. If of a country house, ante, No. XVI. If the premises be copyhold, ante, No. XVII. Furnished Unfinished LEASES. By Joint-tenants, &c. Parties. WITNESS, that in consideration of the rent, &c. year of our Lord lessors) of, &c. lessee) of, &c. year, &c. and] in the BETWEEN (one of the of the first part, (the other of the second part, and (the of the third part. WHEREAS, &c. (1) AND WHEREAS the said (lessee) has agreed with the said (lessors) for a lease of the messuages and lands hereinafter described for the term of years, under and subject to the rents and covenants hereinafter contained. Now THIS INDENTURE WITNESSETH, that for and in consideration (2) of the yearly rent hereinafter reserved, and of the covenants and agreements hereinafter If of a farm, ante, No. XVIII. If of a prebend or tithes, ante, No. XIX. If of mines or the like, ante, No. XX. (1) Here may be shortly recited the deed or will by which the lessors derive their title. If the lease be granted in pursuance of a previous written agreement, such agreement may be here recited, as ante, p. 95, n. (2). (2) If the tenant has expended or has agreed to expend a sum of money in repairing the premises, see ante, p. 95, n. (3). If the lessors be tenants in common or co-parceners, say, "He the said (one lessor) HATH granted, demised, and leased, and by these presents DOTH grant, demise, and lease, unto the said (lessee) his executors, administrators, and assigns, one undivided moiety or half part, the whole into two equal parts being considered as divided, &c. And the said (other lessor) HATH granted, demised, and leased, and by these presents DOTH grant, demise, and lease, unto him the said (lessee) his executors, administrators, and assigns, one other or the remaining undivided moiety or half part, of and in all," &c. LEASES. By Joint-tenants, &c. &c. contained, on the part of the said (lessee) his executors, administrators, and assigns, to be paid, observed, and performed respectively, THEY the said (lessors) [HAVE and each of them HATH granted, Lessors grant, demised, and leased, and by these presents] Do and each of them 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 The parcels. or tenement, &c. situated, &c. with all and singular the [out-houses, buildings, yards, cellars, areas, vaults, benefit and advantage of ancient and other lights, ways, paths, passages, drains, pipes, waters, water-courses,] rights, privileges, easements, advantages, and appurtenances whatsoever, to the said messuage or tenement and premises belonging, or with the same now or heretofore lawfully holden, used, occupied, or enjoyed; (except, &c.) (1). TO HAVE AND TO HOLD the said messuage or tenement, &c. and all and singular other the premises hereby demised or leased, or mentioned or intended so to be, with the rights, members, easements, and appurtenances to the same belonging, unto the said (lessee) his executors, administrators, and assigns, (such assigns being to be so approved as aforesaid) from the day of now last past, for and during the full and complete term of years, TO HOLD to the term of lessor for the years. (1) If the lessors have other houses adjoining, sec ante, p. 96, Houses adjoining. n. (5). LEASES. By Joint-tenants, &c. At the yearly rent of £ clear of taxes. thence next ensuing (1); YIELDING AND PAYING for the same yearly and every (2) year, during the said term, unto the said (lessors) and their heirs, the rent or sum of £ (3), of lawful money of that part of the United Kingdom of Great Britain and Ireland called England, by equal quarterly payments on the and the day of 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 of the said premises, or any part thereof, and whether any such future taxes, rates, or assessments shall be in the nature of those now being or not]; the first quarterly payment of which said yearly rent or sum of £ is to be Lease determinable. Pepper-corn rent. Lessors tenants in common. (1) If the lease is to be determinable on notice, add, (2) If in consideration of repairs done or to be done by the tenant, he is to have the premises rent free for the first year, or other portion of the term, ante, p. 97, n. (8). (3) Or the reddendum may be several, if the lessors be tenants in common or coparceners, "YIELDING AND PAYING, &c. unto the said (one of the lessors) the sum of £ of, &c. being one moiety or equal half part of the said yearly rent or sum of £ and yielding and paying, &c. unto the said (other lessor) the sum of L of like lawful and current money, being the other or remaining moiety or half part of the said yearly rent, and clear and free," &c. (as above.) day of LEASES. By Joint-tenants, &c. Covenant by lessee to pay made on the next ensuing the date of these presents. AND the said (lessee) for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree with and to the said (lessors) tenants in common re- the rent respectively, and their respective heirs, &c. their served. heirs and assigns, in the manner following, (that is to say), that he the said (lessee) his executors, administrators, and assigns, shall and will from time to time, and at all times during the continuance of the said term hereby granted, well and truly pay, or cause to be paid unto the said (lessors) their heirs and assigns, the said yearly rent or sum of £ (1) of lawful current money aforesaid, upon the several days and times. and in the manner herein before mentioned or appointed for payment thereof, and according to the true intent and meaning of these presents. AND And taxes. also well and truly pay and satisfy the land-tax, sewers' rate, and all and all manner of other taxes, rates, duties, and assessments whatsoever, [whether parliamentary, parochial, or otherwise,] which now are, or which shall or may at any time or times hereafter during the continuance of the (1) If the lessors be tenants in common or co-parceners, a Lessors tenants in common, &c. separate covenant for the payment of a moiety of the rent to each of them may be inserted; or that the lessee will pay and to their re "unto each of them, the said |