The American Law of Landlord and Tenant, Volume 1

John Neilson Taylor

Little, Brown, 1904 - Landlord and tenant

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Selected pages

Table of Contents

Index

PAGE	xlvi

62	xlvii

Of Things in the Hands of Artificer or Merchant	l

63	lvi

66	lix

67	lxiii

70	lxvi

71	lxxiii

Appendant or Appurtenant Of Pastures and Estovers 220 Estovers a Joint Right and not Apportionable c OF FISHERIES 221 General or Private defi...	284

In Navigable Waters a Public Right Navigable unless by Prescription	285

Rights of Abutters on Navigable Waters	286

d WATERCOurses 224 Natural Rights of Owner of the Soil	287

Rights in not to be used Unreasonably or Injuriously	289

Right to accumulate and store Water	290

Right to Injurious Enjoyment may arise by Grant or Pre scription but not otherwise	291

Prescriptive Right how acquired	292

73	lxxxix

74	xcii

76	xcix

392	c

In order to sue must hold Entire Estate of the Lessor	civ

INTRODUCTION 113	1

Statutory Proceeding on Vacant Possession	4

After Grant of Reversion Lessor to sue only on Personal Covenants	9

CHAPTER I	11

Coal Oil and	18

Form	19

When a Trespasser	27

Fact of not conclusively presumed from Receipt of Rent	32

Respective Remedies of the Parties what	33

Evidence arising from Occupancy may be controlled	38

Trial Matters of Proof	45

Livery of Seisin abolished Seal	50

Sufficient Signature what	51

Place of Signing	53

SECTION III	54

Intention of the Parties governs the Construction	55

Words to create a Leasehold Interest	56

Confidential Demise generally construed as an Agreement only	57

But when Conditions are executed or Instrument so provides may be a Lease	58

To create Lease Term and Rent must be certain	60

Actual Transfer of Possession creates Lease 44 Agreement must be explicit Collateral Matter 45 Usual Covenants	61

History of the Remedy	62

Damages for Breach of Agreement Equitable Relief	63

Remedy at Law Specific Performance	65

Agreement to lease when enforced in Equity	66

49	67

CHAPTER II	69

Tenancies for Years and for Life distinguished 52 Life Estate how created	70

Without Limitation in Time Estate is for Life	71

Leases for Years and from Year to Year 54 How created	72

Arise from General Occupation	73

Arise from void Parol Demises for Years	75

But not on Demises for less than a Year	76

How determined	77

Strict and General distinguished	81

How determined	82

Notice to Quit generally necessary to determine	83

A Tenancy at Sufferance 64 Defined	84

Landlords Option Tenant may become Tenant at Will	86

Demise of Lodgings 66 Status of the Occupant 87 889	87

Lodgers quasi Tenants	89

CHAPTER III	91

69	92

70	93

72	94

73	96

75	97

76	99

77	100

Terminal Days Rule as to	101

Conflicting Authority as to	102

Void Parol Lease may regulate Duration of Tenancy	103

Optional Duration refers to Tenants Option	104

Lease to exceed Lessors Term void in Law but valid in Equity	105

Who may grant Leases	107

Liability of Lessees Assignee and Subtenant 449 Liability of Assignee and Subtenant distinguished 450 Liable without Actual Entry	109

History of the Action	111

Mortgagee generally considered an Assignee 456 Liability of Assignee of Insolvent Debtor PAGE	112

Estoppels run with the Land	113

Against an Infant	117

Drunkenness as avoiding the Contract	121

SECTION III	122

27	124

May Contract as to Separate Property	127

Duration of Underlease limited How determined	132

Tenant estopped to deny his Landlords Title	134

30	136

By Mortgagor and Mortgagee	140

In New York Mortgagees Equitable Remedy	146

31	148

Reservation to follow the Inheritance	155

Tenancy at Will	156

By Trustees	159

Incidents pass by the Grant	161

Powers to lease at Common Law and Statutory	164

Warrant to remove Tenant Effect	166

May execute Leases How authorized	170

Payment or Tender by Tenant Effect	174

CHAPTER V	177

Reservation of Rent how expressed	183

32	189

Previous Demand not necessary	191

162	194

Tender Effect	198

SECTION II	200

33	203

Diminution of Enjoyment of Easement constitutes	206

Prospective Injury how prevented	207

Prescriptive Right to do Injurious Acts Does not apply to Public Nuisance	208

CHAPTER VI	209

How created 78	210

Private Action for Damages Demand PAGE	211

267	212

Strict and General	215

But subject to Tenants Recoupment	218

34	219

On the Part of the Tenant	224

35	226

Must preserve Boundaries	230

36	234

Generally when Equity will decree Payment of Rent	236

Liability for Negligence	250

37	252

Implied Statute as to construed in New York	257

Negligence	258

39	260

41	268

42	273

Of Easements 212 In General what	275

a OF A RIGHT OF WAY 213 Defined	277

From Necessity When Incident to a Grant Rights	278

Along Banks of Navigable Streams	279

For Special Uses limited to such Uses	280

When defeated by Nonuser or uniting Possession	281

b OF COMMONS 218 Defined Right of exists in New York	282

Streams as Boundaries Rights of Abutters	293

No Prescriptive Right in Subterranean Waters	294

With Ordinary Care Owner not liable for Injury to Abutters	295

Proceeds	298

9 How AN EASEMENT MAY BE CREATED OR Extinguished	301

Extinguishment of by Operation of	307

290	311

43	312

Exception may amount	314

Express and Implied Distinctions between	321

259	323

45	331

263	332

Dependent Covenants	334

How discharged	338

Nature of	341

Inferred from Construction of Instrument and Intent	344

Defendants Pleas	348

Impossible Conditions void	350

Clause of Reentry in Lease	356

291	357

293	358

294	360

Assignments how proved	362

Reentry under English Statute	365

CHAPTER XV	367

Judgment in Avowry	371

Certain Words of construed	372

THE TENANTS REMEDIES	374

Defendant not to impeach Lessors	378

When an Actual Ouster necessary to constitute a Breach	379

SECTION II	388

Defined Implied in Covenant for Quiet Enjoyment	393

The Covenant to Renew the Lease	405

INDEX	407

To be reasonably construed	411

Right of Renewal as a Distinct Interest Specific Perform	418

Renewed Lease Effect	424

Liabilities of the Parties affect their Successors	425

CHAPTER IX	428

In Farming Leases	429

Waste Voluntary or Permissive Particular Acts	430

Covenants	431

Waste Consists in First Opening of Soil Tends to de stroy the Demised Property Examples	432

Specific Acts of Waste	433

Freehold Lease	434

Voluntary Waste what Examples	435

Waste by cutting Wood	436

Tenant may cut Wood for necessary Repairs or Estovers	438

Timber felled must be for Actual Repairs Firewood Clearing Land	439

Circumstances determine what is Waste	440

Landlord entitled to Things unlawfully severed from the Soil 355 Leases without Impeachment of Waste	442

Proper Cultivation required under the Covenant	443

Express Covenant Effect	444

Forms of Covenant construed	445

Breach of arises from Want of Substantial Repair 360 Liability under as affected by Act of God Exception of PAGE 428 429 430	446

VOL I	449

General Covenant with Additional Stipulations	452

Covenant valid though contained in Void Lease	453

Under Express Covenant Tenant liable for Accidental Injury or Destruction	454

May be apportioned among Assignees of the Reversion	455

Covenant to insure Effect of Eviction	456

Measure of Damages for Breach	457

Trustees for Creditors how far liable for Rent	458

Of the Covenant to pay Rent	459

Different kinds of Rent Each defined	460

Express Covenant usual But Covenant always implied	461

Heir how far Chargeable on his Ancestors Covenants	462

Express Covenant Effect	463

By what Acts or Events terminated	464

Express Covenant strictly construed	465

SECTION I	466

Tenancy from Year to Year only determined by Notice	467

Particulars	468

Tenant under Void Lease or Agreement entitled	469

Successors to Tenants Estate when entitled to 471 When not necessary Examples	470

To entitle to must be Privity Acts of Tenant to render unnecessary	472

461	473

Mortgagor in Possession when entitled	474

When to be given Length	475

By Tenant for what Injuries it lies	476

Day named to correspond to Conclusion of Term	477

Waiver by Tenant of Irregularity	478

Must be in Name of Landlord By Tenants in Common and Joint Tenants Agents Partners	479

Unauthorized not cured by Subsequent Adoption By Re ceivers	480

No Implied Warranty as to Condition of Leased Property	481

5688	482

Form of Words of Description of Premises	483

Sufficient Service	484

Waiver of what Acts constitutes	485

Subsequent Notice generally a Waiver	486

Determines Tenants Estate absolutely	487

Incurred anciently at Common Law when	488

Incurred by Breach of Stipulation when	489

Reentry for Waste	490

Of Whole Estate notwithstanding Severance of Occupation	491

Who may reenter Right Optional Tenants Estate subsists till Reentry	492

For Nonpayment of Rent Demand a Prerequisite to at Common	493

Demand how far necessary in different States	494

Place of Payment of Rent	495

Equitable Relief to Tenant when refused	496

Waiver of Forfeiture by Acceptance of Rent or Distraint	497

Waiver by other Acts of the Landlord	498

Acceptance of Rent accrued before Forfeiture	499

Continuing Cause of Forfeiture not waived by Acceptance	500

of Rent Examples 501 Waiver of Continuous Condition	501

Right to Immediate and Exclusive Possession essential	502

By Merger BBLL 76 77	504

The Covenant to Insure	506

Defined By Express Words or Operation of	507

PAGE	508

Assignment by Operation of Law not a Breach	514

Legal Taking avoids Outstanding Lease	519

The Covenant to reside on the Premises	520

Different Covenants construed Equitable Remedies	527

Statute Penalty in Certain Cases Double Rent	529

82	536

502 Defined 503 How produced 504 What Estates will merge 505 506 97 98	537

Custom in Favor of Tenants for Years	538

Copyright

Common terms and phrases

action adjoining adverse possession agent agreement Allen assignment attornment authority Barb bind Bing bound breach Brown building commence common law condition Conn contract convey conveyance corporation court covenant created Cush damages deed deed-poll delivery demise easement emblements enjoyment enter entitled entry equity erected estopped estoppel Exch executed express fence grant grantor Greenl held Hill holding implied injury instrument intention interest Jackson Johns Jones land landlord and tenant lease lessee lessee's lessor liable Mass ment mortgagee mortgagor necessary negligence notice to quit nuisance occupation Ohio owner Paige parol party pay rent payment Pick plaintiff possession premises privity purchaser purpose rent repair rule Sandf seal seisin Smith Statute of Frauds sufficient supra tenants in common tenement term thereof third person tion trespass trustee U. S. App unless valid void Wend words

Popular passages

Page 469 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.‎

Appears in 472 books from 1812-2008

Page 263 - No man has a right to throw wood or stones into the street at his pleasure. But inasmuch as fuel is necessary, a man may throw wood into the street for the purpose of having it carried to his house, and it may lie there a reasonable time. So, because building is necessary, stones, bricks, lime, sand and other materials may be placed in the street, provided it be done in the most convenient manner.‎

Appears in 64 books from 1852-1982

Page 4 - A landed proprietor who held an estate under the crown by knight service, — and it was thus that most of the soil of England was held, — had to pay a large fine on coming to his property. He could not alienate one acre without purchasing a license. When he died, if his domains descended to an infant, the sovereign was guardian, and was not only entitled to great part of the rents during the minority, but could require the ward, under heavy penalties, to marry any person of suitable rank. The...‎

Appears in 33 books from 1849-2005

Page 264 - If an unreasonable time is occupied in delivering beer from a brewer's dray into the cellar of a publican, this is certainly a nuisance. A cart or wagon may be unloaded at a gateway, but this must be done with promptness.‎

Appears in 71 books from 1820-1965

Page 4 - The military tenure of land had been originally created as a means of national defence. But in the course of ages whatever was useful in the institution had disappeared ; and nothing was left but ceremonies and grievances.‎

Appears in 39 books from 1849-2005

Page 440 - ... such repair as, having regard to the age, character, and locality of the house, would make it reasonably fit for the occupation of a reasonablyminded tenant of the class who would be likely to take it, and it is immaterial that the house was not in tenantable repair when the tenancy began (q).‎

Appears in 55 books from 1883-2005

Page 264 - be interdicted by law, in the midst of dense masses of population, on the general and rational principle, that every person ought so to use his property as not to injure his neighbors; and that private interests must be made subservient to the general interests of the communi'ty.‎

Appears in 72 books from 1848-2007

Page 372 - Cadwalader, his Heirs or Assigns, or any Person or Persons Claiming or to Claim by, from or under him.‎

Appears in 91 books from 1813-2002

Page 322 - The legislature has declared that "no covenant shall be implied in any conveyance of real estate, whether such conveyance contain special covenants or not.‎

Appears in 95 books from 1830-1992

Page 121 - Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court.‎

Appears in 121 books from 1852-1998

Bibliographic information

Title	The American Law of Landlord and Tenant, Volume 1 The American Law of Landlord and Tenant, Henry Foster Buswell
Author	John Neilson Taylor
Editor	Henry Foster Buswell
Edition	9
Publisher	Little, Brown, 1904

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