Jurisdictions, Part 133 – Part 135
Tenant for yeares.
What Act determines a Leaſe for yeares, and who ſhall have the Corne, what is a good Leaſe for yeares, and what not.
THE Husband ſeiſed in right of his Wife, lets for ſeven yeares and dies, the Wife may enter, but if the Termor had ſowed the Land in the life time of the Husband, the Termor ſhall have the Corn, 7 Book of Aſſiſes 19.
If the Lord enter upon a Copy-holder for Forfeiture, and the Land be ſowed, the Lord ſhall have the Corn, 42 Ed. 3. f. 25
The Husband and the Wife lets the Land of the Wife for twenty yeares rendring Rent, and the Husband dies, the Wife accepts the Rent, it is a good Leaſe, and was not void, 3 H. 6. fol. 2.2 H. 6. fol. the ſame, and 21 H. 6.24.
If a Parſon or a Prebendary let for yeares, rendring Rent and dies, though that the Succeſſors accept the Rent, the Leaſe is not good, 32 H. 8. tit. acceptance 14.32 H. 8. Tit. Dean and Chapter 20.24 H. 8. tit. B. 19.38 H. 8. Leaſe 18.
22 H. 8. tit. Anceſtor 14. If Tenant in Dower lets for yeares, rendring Rent and dies, the Leaſe is void, and acceptance by the heire of the Rent will not make the Leaſe good, for it was void before, 9 E. 4. f. 37. by Nedham, If I let Land for yeares in which is a Mine, I cannot enter and take that, nor Trees, but I ſhall be puniſhed.
The Biſhop lets for yeares, rendring Rent and dies, and the Succeſſor accepts the Rent, this makes the Leaſe good, for the Biſhop hath Fee and may have a Writ, of Right, 2 Ed. 6. tit. acceptance. 20.
The ſame Law is, where an Abbot lets for yeares, rendring Rent and dies, the Succeſſor accepts the Rent, the Leaſe is good, 21 Ed. 4. f. 5. B.
Where Tenant in taile lets for 21. yeares and dies, and the Iſſue in taile outs the Leſſee, as he may, and doth not accept the Rent, the Leſſee may have covenant againſt the Executor of the Leſſor, and recover dammages though it be not warranted, 48 Ed. 3. f. 2.
A Leaſe by Tenant in taile for 21. yeares, made according to the Statute, rendring ancient Rent, or more; though Tenant in taile dye, this is a good Leaſe againſt the Iſſue, but if Tenant in taile dy without Iſſue, the Donor may avoid this Leaſe by entry, 32 H. 8. chap. 28.
Tenant in taile the remainder over, lets for yeares rendring Rent, and dies without Iſſue, and he in the remainder accepts the Rent, this ſhall not binde him, inſomuch that when the intaile is determined, the Leaſe is determined and void, 1 Ed. 6. tit. acceptance 19.
Leaſe for yeares, and ſo from yeare to yeare, as long as both parties pleaſed, after he hath entred into every yeare, it is a Leaſe for that yeare, and a Leaſe for a thouſand yeares is good, 14 H. 8. f. 1.
Leaſe for three hundred yeares is good, and is but a Chattell, notwithſtanding the long time, 32 Book of Aſſiſes 6.
If a man lets for ſixty yeares, and ſo from ſixty yeares to ſixty yeares, untill two hundred yeares be ended, this is alſo one ſelf ſame Leaſe, and good, 29 H. 8. tit. Leaſe 49. and Plowdens Commentaries 273. the ſame.
The Husband and his Wife, purchaſe to them and to the Heires of the Husband, and after the Husband lets for yeares and dies, the Wife may enter and avoid the Leaſe for her Life, but if ſhe dy before the reſidue of the Tearm, it is good to the Leſſee againſt the Heire of the Husband, 33 H. 8. tit. Leaſe. 58.
And note by all the Juſtices, that the Guardian by Knight Service, ſhall not out the Termor, where he hath a Leaſe of his Tenant which dies, his Heire within age, contrary was the Law in times paſt, as it appeares before in the title Ward.
VVhere it is agreed and granted to J.S. that he ſhall have twenty Acres, in D. for twenty yeares, this is a good Leaſe for this word (Conceſſit) is as ſtrong, as deviſed, 37 H. 8. tit Leaſe 60.
If one licenſe one to enter, and to occupie his Land for years, it is a Leaſe for yeares in Law, 10 Ed. 4. f. 4. & 5 H. 7. f. 1. the ſame.
Tenant in taile lets for twenty two yeares rendring Rent and dies, and the Leſſee lets that over for ten yeares, and the Iſſue accepts the Rent of the ſecond Leſſee, this is no confirmation of the Leaſe, for there is no privity betwixt the ſecond Leſſee and him, 32 H. 8. Tit. Acceptance 13.
A man lets for ten yeares, and the next day lets the ſame Land to another for twenty yeares, this is a good Leaſe for the laſt ten yeares of the twenty yeares, which are ended after the firſt ten yeares; 26 H. 8. Tit. Leaſe 48. See the time of, H. 8. Tit. Leaſe. 35.
Weſton ſaith, If I let for ſo many yeares as J.S. ſhall name, and after J.S. in my life time names certaine years the Leaſe is good for thoſe yeares, Plowdens Commentaries 273.
A man lets a Houſe with the Appurtenances, no Land paſſes, but if a man lets a Houſe, with all the Land to the ſame belonging, there the Lands with that uſed paſſe, and it is a good Leaſe of thoſe, Plowd. Com. f. 273. 31 H. 8. tit. Leaſe 55. See. Plowd. Com. 85. b. and f. 170.23 H. 8. tit. Feoffments 53.
If a man lets for life to J.S. and the next day lets to W. N. for yeares, the ſecond Leaſe is void, if it be not granted of a Reverſion, 37 H. 8. tit. Leaſe 48.
A man lets for yeares, to have after the Leaſe thereof made to J.N. ended, and in truth J.N. hath no Leaſe, this begins forthwith, 3 Ed. 6. tit. Leaſe 62.
A man hath a Leaſe for yeares as Executor of J.S. and after purchaſeth the Reverſion, the Leaſe is extinct and determined, yet it may be aſſets, 4 Ed. 6. Tit. Extinguiſhment 24.
Leaſes made by a Biſhop, otherwiſe then for 21. yeares or three lives, from the time that ſuch Leaſe begins, and where upon the old Rent is not reſerved, is void, 1 Eliz. not in Print, and for that a Leaſe made for thirty yeares by a Biſhop, and confirmed by the Dean and Chapters, under their Seale, ſhall not binde their Succeſſor, but if the Biſhop, Dean and Chapter, joyne in a Leaſe for thirty yeares; this is a good Leaſe, notwithſtanding this Statute: And ſee, Pulton tit. Eccleſiaſticall perſons. What Leaſe by Spirituall perſons, is good, and what not. And ſee, 13 Eliz. chap. 10. That a Leaſe by Biſhop, Dean and Chapter, for longer time then twenty one yeares or three lives, is not good, and by, 14 Eliz. chap. 11. They may make a Leaſe of Houſes in Cities and Borroughs, for forty years, and by, 18 Eliz. chap. 11. They cannot let where there is an old Leaſe, which hath continuance for three yeares, or more.
A man poſſeſſed of a Tearm for forty yeares, grants ſo many of them to J.S. which ſhall be behinde at the time of his death, and it ſeems it is void, for the Incertainty, otherwiſe it is if it were by deviſe.
But if a man lets his Land, to have after his death for forty yeares this is good, for this is certaine, 7 Ed. 6. tit. Leaſe 66.
See, 8 H. 7. fol. 4. Grant of Rent, but if a man let for life and foure yeares over is good.
Tenant which holds in cheife dies, his heire before Livery ſued, makes a Leaſe for yeares, this is good, if no Intruſion be found by Office, and if after the Leaſe, the dying ſeiſed be found by Office, and no intruſion it hath no relation to the death of the Anceſtor, unleſſe for the profits and not to defeat the Leaſe, 5 Ed. 6. Tit. Leaſe 57.
Tenant at will.
What acts Tenant at will may do, and what to him, and what by him are good, and what not.
IF Tenant at will lets for yeares, in his own name: He is a Diſſeiſor, 12 Ed. 4. f. 12.
Releaſe made to the Tenant at will by the Leſſor is good, Lit. f. 108.
If one alien his Mannor, there need not that Tenant at will attoin, Lit. f. 125.
Tenant at will cannot grant over his Eſtate to any, for he hath no Intereſt certaine, 27 H. 6. f. 3. B.
If a man lets to one at will, the Leſſor dies, the will is determined, 21 H. 6. f. 42.
If Tenant at will be outed, this is Diſſeiſin to the Leſſor, and yet the Tenant at will may enter without commandement of his Leſſor, for the will continues, 38 H. 6. fol. 28.
If Tenant at will make waſt, action upon the caſe lies againſt him, and not waſt, 48 Ed. 3. f. 25. 11 H. 6. f. 38. the ſame. See, Lit. f. 15. & 12 Ed. 4. f. 8. the ſame. 22 Ed. 4. f. 5. Treſpaſſe lies.
14 H. 8 f. 12. By Brown, If Tenant at will makes waſt, action upon the caſe lies, and by Roo, if my Father lets at will and dies, the will is determined.
Littleton fol. 14. If Tenant at will makes voluntary waſt, he ſaith, that the Leſſor ſhall have an action of treſpaſſe, but it ſeems he intended treſpaſſe upon the caſe.
48 Ed. 3. f. 2. Action upon the caſe lies againſt Tenant at will, which makes waſt in burning of Houſes willingly, and not action of waſt.
2 Ed. 4. fol. 5. By Littleton, If I deliver to you my Gown, and you burn it, action upon the caſe lies, and not treſpaſſe. By force of Armes, 43 Ed. 3. f. 30. If one hath Goods by delivery, treſpaſſe doth not lye againſt him, but Detinue.
21 H. 6. fol. 43. is, That an action of waſt doth not lye againſt Tenant at will, which makes waſt but treſpaſſe.
41 Ed. 3. f. 24. Where a Miller takes more tole then he ought, action upon the caſe lies againſt him, and not treſpaſſe.
2 Ed. 4. f. 5. If my Servant of a ſhop, which hath power to ſell, gives my Wares, it ſeems that I ſhall have treſpaſſe againſt the Donee.
Tenant at will may cut Trees ſeaſonable, but if he cut great Trees waſt doth not lye, but action upon the caſe.
Tenant at will of a Mine may take the Oare and ſell it, 12 Ed. 4. f. 8.
He which holds at will, hath that at the will of both, and Debt lieth for the Rent reſerved, 20 Edw. 4. fol. 9.
If the Leſſee at will ſow the Land, and after be outed, he ſhall have the Crop, but if he be outed after the plowing, and before the ſowing, he ſhall looſe the Coſts of plowing, and the compoſt of that, 11 H. 4. fol. 90
Tenant at ſufferance.
Who is Tenant at ſufferance and who not, and what acts he may do.
TEnant at ſufferance is where one of his own head occupies my Land, and claims nothing, but at my will, and releaſe to him is not good, Littleton f. 108.
There is no Tenant at ſufferance, but he which firſt enters by authority, and Lawfully, as a man lets for yeares, or for anothers life, and holds in further after the Leaſe expired, or after the death of him for whoſe life, time of H. 8. tit. Tenant by copy. 15.
Tenant at ſufferance is, when Leſſee for yeares after the tearm ended, occupies the Land by conſent of the Leſſor, without a Leaſe at will, 21 H. 6. f. 42.
Tenant at ſufferance may diſtrain doing dammage upon the Land, and yet releaſe made to him is not good, 4 H. 7. f. 3. and he may have treſpaſſe.