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entitled to the fee simple 70

6. By Tenant for Life of proceeds of sale of property, vested in

Trustees on trust for sale, with leave of Court 71

7. Under a power created by deed or Will 72

8. By married woman of her separate property under the Married

Women's Property Act 72

9. Bj' married woman Tenant for Life f(jr her sejiarate use ........ 73

10. Bj" husband and wife under S. L. Acts 73

11. By husband seised in right of his wife under Settled Estates Act,

1877 74

12. By a lunatic bj' his committee or receiver 74

13. By a lunatic Tenant for Life under S. L. Acts 74

Section II.— Grants and Reservations of Easements.

14. Eight to use road 75

15. To use ornamental ground 76

16. Eight to use combined drain in common with occupiers of adjoin-

ing premises 76

17. Eight to access of light and air 76

17a. Eeservation of right to build on adjoining land 76

18. Eeservatii>u of free passage of water and soil 76

P. — VOL. II. 5



66



LEASES (forms).
Section III. — Additional Eents.

PAGE

19. Further rent for use of ornamental ground 77

20. Further rent equal to interest on money ex2)en(led by Lessor in

improvements 77

Section IV. — Covenants.

21. Tenant to pay all rates, &c., but not expenses of works done

by local authority and payable by Owner 77

22. To execute sanitarj^ works if required by local authority 77

23. Not to interfere with air or light to adjoining premises 78

24. To permit notice board to be affixed before end of term 78

25. Covenant by Lessor to build stables, &c., and by Lessee to pay

interest on outlay 78

26. Covenant by surety for payment of rent and observance of

Lessee's covenants 78

27. Further covenant by surety in case of disclaimer by Lessee's

trustee in bankruptcy to accept new Lease on terms of old one . . 79

28. Power to Lessee on giving notice to Lessor to purchase reversion

in fee simple, or siiperior leasehold iuterest 80



No. 1.

By absolute
owner.



Variations on
demises to
joint tenants
or tenants
in rommon.



Section I.
PAETIES, DEFINITIONS, AND OPERATIVE PARTS.

THIS INDENTURE, &c., Between A. B., of, &c. (hereinafter
called the Lessor, which expression, where the context so admits,
includes his heirs and assigns) (a), of the one part, and C. D., of,
&c. (hereinafter called the Tenant, which expression, where the
context so admits, includes his executors, administrators and
assigns) {b), of the other part,

(a) If the lessor is a leaseholder, say " his executors, administrators and
assigns." Though freeholds now vest in the personal representatives under
L. T. Act, 1897, s. 1, they are testamentary assigns and need not be referred
to in a lease of freeholds.

(?)) If the lease is granted to joint tenants, the definition will be : —

(hereinafter called the Tenants, which expression, where the
context so admits, includes the survivor[s and survivor] of them
and the executors or administrators of such survivor or other
the person or jjersons for the time hoing entitled to tlie term
hereby granted).

If the lessees are tenants in common the definition will be : — (here-
inafter called the Tenants, which ex2)ression, where the context
so admits, includes their respective executors, administrators
and assigns).



PARTIES, DEFINITIONS, AND OPERATIVE PARTS. 67

WITNESSETH and it is hereby declared as follows :—

1. In consideration of the rent hereinafter reserved and of the
covenants by the Tenant hereinafter contained, the Lessor hereby
demises (c) unto the Tenant

All that, &.c. {see Forms in Seet. II., Pnreliase Deeds,
Vol. I.).

To HOLD unto the Tenant [s as tenants in common in equal
shares (^/)] for the term of years from the ■ — — day of ,

Yielding and paying during the said term, the yearly rent of

^ by four equal quarterly payments on the {e) 25th day of

March, the 24th day of June, the 29tli day of September, and the
25th day of December in every year, and so in proi^ortion for any
less period than a yeox clear of all deductions (except in respect
of landlord's property tax [land tax] and tithe rent-charge {/)),
the first payment to be made on the day of next.

THIS INDENTURE, &c.. Between A. B., of, &c. {Mortfiaciee) No. 2.

(hereinafter called the Lessor, which expression, where the context b Mort-^at'or

so admits, includes the person or persons for the time being and Mort-

entitled in reversion immediately expectant upon the term hereby i ° lied

covenaiit.

(c) The words "demise" and "let" imply a covenant for quiet enjoyment,
see Marlcham v. Paget, 1908, 1 Ch. 697 ; 77 L. J. Ch. 451. The implied
covenant does not apply after the lessor has parted with his interest : Baynes A
Co. V. Lloyd, 1895, 2 Q. B. 610 ; 64 L. J. Q. B. 787 ; or extend to acts of
persons claiming nnder title paramount : Jones v. Lavington, 1903, 1 K. B.
253 ; 72 L. J. K. B. 98 ; see, also, Norton on Deeds, 499 et seq.

{(1) If there are several tenants who take as tenants in common use the
words in square brackets.

(p) The next quarter day occurring after the date of the lease should be
put first.

(/) See Dissertation, p. 13.

{(/) This Form is only required where (1) the mortgage was before 1882 Lease by

and there is no agreement applying s. 18 of the Conv. Act, 1881, to a "^o''|g*goi" ^"'^
" i J. ./ o '7 mortgagee.

mortgage made before 1882 ; or (2) the mortgage contains a provision that
s. 18 shall not apply ; or (3) the term to be granted is in excess of the
periods authorised by s. 18 ; or (4) in the case of grants of mining leases
which are not authorised at all by s. 18. In other cases the mortgagor
will simply demise as if he were absolutely entitled. There is no
implied power for a mortgagor to accept a surrender of a lease granted
under s. 18: Jlohhins v. Whyte, 1906, 1 K. B. 125; 75 L. J. K B. 38 ; but
he can sue on the covenants : Tin-ner v. WahJi, 1909, 2 K. B. 484 ; 78
L. J. K. B. 753. A mortgagor exercising the powers conferred by s. IS
must not include in the lease property which is not comprised in the
security : King y. liird, 1909, 1 K. B. 837 ; 78 L. J. K. B. 499.

5—2



68



LEASES (forms)



granted), of the 1st part, C. D., of, &c. (Mortgagor) (hereinafter
called the Mortgagor, which expression, where the context so
admits, includes the persons deriving title under him), of the
2nd part, and E. ¥., of, &c. (hereinafter called the Tenant,
which expression, where the context so admits, includes his
executors, administrators and assigns), of the 3rd part,

WITNESSETH as follows :—

1. In consideration, &c. {as in Form No. 1), the Lessor, at the
request of the Mortgagor, herehy demises and the Mortgagor
hereby demises and confirms unto the Tenant {continue as in Form
No. 1).

No. 3. THIS INDENTURE, &c.. Between A. B., of, &c. (hereinafter
called the Lessor, which expression, where the context so admits,

By Tenant for p j i • i • j •,^ t •

Life, or person includcs the pcrsou or persons tor the tune benig entitled in

having the . - .

powers of a

tenant for life

under the

S. L. Acts (7;).



No. 3a.



reversion immediately expectant, upon the term hereby granted),
of the one part, and C. D., of, &c. (hereinafter called the Tenant,
which expression, where the context so admits, includes his
executors, administrators and assigns), of the other part :

Whereas under an Indenture dated, &c., and made, &c. {date
and parties), [or under the Will, &c.] the Lessor is beneficially
Irecitei'is^''^''' entitled in possession to the hereditaments hereinafter described
and demised for his life [or for the life of X. Y., or in fee
simple, subject to an executory limitation over on failure of his
issue, or for an estate tail, or in the case of any other limited owner,
state the nature of his ownership] :

NOW THIS INDENTURE WITNESSETH as follows:—

1. In consideration, &c. (/(s in Form A^o. 1), the Lessor, in
exercise of the power for this purpose conferred on him by the



used



Leases by
tenant for life.



(/«) In practice leases by or on behalf of tenants for life are usually made
without recitals and without reference to the S. L. Acts, the lessor being
defined as in the text, and see Mogridije v. CUqq,, 1892, 3 Ch. 382, 385 ; 61
L. J. Ch. 534. In mining leases, or where the title is investigated, a recital
is added, see Form No. 3a. For powers of leasing, see S. L. Act, 1882, ss. 6 —
14, 20. A tenant for life may grant a lease to his wife : Gilhey v. Rash,
1906, 1 Ch. 11 ; 75 L. J. Ch. 32 ; provided that he complies with the require-
ments of the S. L. Acts and acts in good faith, see Duchess of Sutherland
V. S., 1893, 3 Ch. 169 ; 62 L. J. Ch. 946; but not to himself or to a trustee
for himself : Boyce v. J^Mhroohe, 1903, 1 Ch. 836 ; 72 L. J. Ch. 547. A person
cannot covenant with himself : Ellis v. Kerr, 1910, 1 Ch. 529 ; 79 L. J. Ch. 291.



PARTIES, DEFINITIONS, AND OPERATIVE PARTS. 69

Settled Land Acts, 1882 to 1890, and of all other powers (if any)
him enabling, hereby demises, &c. (i) {continue as in Form No. 1).

THIS INDENTUEE, &c., Between A. B., of, &c. and C. D., of, No. 4.
&c. (hereinafter called the Lessors, which expression, where the ^ Trustees
context so admits, includes the persons or person for the time on behalf of

an infant

being entitled m reversion mimediately expectant upon the Tenant for Life
term hereby granted), of the one part, and E. F., of, cl^c. (herein- s" if.^ Act's (j).
after called the Tenant, which expression, where the context so
admits, includes his executors, administrators and assigns), of the
other part.

Whereas under an Indentu)"e (hereinafter called the Settle- No. 4a.
ment) dated, &c., and made, &c., G. H. is, or if of full age would be. The like where
beneficially entitled in possession to the hereditaments herein- ^ redtai is
after described and demised as tenant for life \_(>r in tail, or as the Recital of
crt.sc ;/(rt7/ /^c], and the Lessors are the trustees of the Settlement Settlement.
for the purposes of the Settled Land Acts, 1882 to 1890 (A) :
NOW THIS INDENTURE WITNESSETH as follows :—

1. In consideration, &c. (as in Form Xo. 1), the Lessors, acting
on behalf of the said G. H., and in exercise of the power for this
purpose conferred on them by the Settled Land Acts, 1882 to
1890, and of all other powers (if any) them enabling, hereby
demise, &c. (contiiinc as i>i Form No. 1).

THIS INDENTUEE, &c., Between A. B., of, &c. (person No. 5.
appointed hij fJie Court to act on helialf of i»fa)it) (heYem£iftGr called g^, person
the Lessor, which exiiression, where the context so admits, appointed by

the Court to

nicludes tbe person or persons for tbe time being entitled in exercise the

reversion immediately expectant upon the term hereby granted), powers on

of the one part, and C. D., of, &c. (bereinafter called the Tenant, S^^^^^eLwUn

wliich expression, where the context so admits, includes his fee simple (/).
executors, administrators and assigns), of the other part:

Whereas X. Y., being at his death seised in fee simple in No. 5a.

(t) This Form will be applicable whether the person granting the lease The like, where
has a legal or only an e<x\utable estate. In either case the benefit of the I'ecitals are
covenants entered into with him will, under s. 10 of the Conv. Act, 1881,
be annexed and incident to and go with the reversion.

(./) See note to Form No. .'} and S. L. Act, 1882, s. 60.

(/>•) See the definition of the term " trustees of the settlement " in S. L.
Act, 1882, s. 2 (8) ; also S. L. Act, 1890, s. 16. The above form of recital
will be applicable whether the trustees are appointed by the settlement itself
or by the Court under S. L. Act, 1882, s. .'58.

(0 See note to Form No. 3, and S. L. Act, 1882, s. 59.



70 LEASES (forms).

possession free from incumbrances of the hereditaments herein-
after described, died on the day of , 19 — , intestate, and

[a widower (//) ] leaving E. Y. (an infant) his eldest son and
heir-at-law :

And whereas on the day of Letters of Administra-
tion to the estate of the said X. Y. were granted out of the
Principal Probate Piegistry to the Lessor, who, after duly
administering the said estate, by an Lidenture dated, &c.,
conveyed the said hereditaments to the said E. Y. in fee simple :

And whereas by an Order (/») dated the day of ,

19 — , and made In the matter of, certain hereditaments at, &c.,
settled by a settlement deemed to be existing under the Settled
Land Act, 1882 And in the matter of the Settled Land Acts,
1882 to 1890, on the application of the said E. Y., by L. M.,
his next friend, it was ordered that the powers conferred upon a
tenant for life by sections six to thirteen both inclusive, and
sections sixteen to twenty both inclusive, of the Settled Land Act,
1882, might be exercised by the Lessor on behalf of the said
E. Y. during his minority :
NOW THIS INDENTURE WITNESSETH as follows :—

1. In consideration, &c. {as in Form No. 1), the Lessor, acting

on behalf of the said E. Y'^. and in exercise of the power for this

purpose conferred on him by the Settled Land Act, 1882, and of

all other powers (if any) him enabling, hereby demises, &c.

{continue as in Form No. 1).

No. 5ii. THIS INDENTURE, &c., Between A. T., of, &c., and B. T., of

Under the ^^- (ti'ustees authorised to exercise statutory powers), (hereinafter

im '^h*^'r an ^^^^^^^^^ ^^^^ Lessors, which expression, &c., contin ue as in Form No. 6).

infant is con- Wheeeas X. Y. being at his death seised in fee simple in

entitled to jiossession free from incumbrances of the hereditaments herein-

simpie (?«m). after described, duly made his Will, dated, &c., and thereby after

(//) If the intestate died before 1898, leaving a widow entitled to dower, she
njay grant a lease under the S. E. Act, 1877, s. 46, for 21 years. If the
intestate died after 1897, the administrator in due course of administration
can grant a lease of freeholds or leaseholds if he has not convoyed the land
to the beneficiaries. Generally, the conveyance would not be made till the
infant heir had attained 21.

(w) See S. L. Act, 1882, ss. 59, 60 ; Wolst. (.'onv. Acts, 9th ed., 422 et secj.

{rinii) In this case, S. L. Act, 1882, s. 59, does not apply : Me Home (1888),
'69 Ch. D. 84 ; 57 L. J. Ch. 790 ; hence an order is requisite under the S. E.
Act, 1877, ss. 4 — 15, and by virtue of Conv. Act, 1881, s. 41 : Be Sj^jm'row's
S. E., 1892, 1 Ch. 412; 61 L. J. Ch. 260. The power of re-entry must be
exercisable after twenty-eight days' default : S. E. Act, 1877, s. 4 (6).



PARTIES, DEFINITIONS, AND OPERATIVE PARTS 71

appointing the Lessors to be his trustees and executors, devised
his real estate to them Upon trust to receive the rents and
profits thereof and invest and hold the same upon the trusts

therein mentioned until his son C. Y. (who was born on the

day of ) should attain the age of years or should die

leaving issue living at the death of the survivor of the said
testator and his son (which should first happen), and in either
of such events the said testator directed the Lessors to hold the
said real estate Li trust for the said C. Y. absolutely but certain
gifts over on the failure of the said trust (Ilecitc death of testator
and prohate).

And Whereas under an Order of the Chancery Division of the

High Court of Justice made on the day of by the

Honourable Mr. Justice , Li the matter of the Settled

Estates Act, 1877 (19 — Y. No. — ), the Lessors were authorised
during the minority of the said C. Y. to exercise certain leasing
powers in reference to the real estate of the said testator under
the said Act which powers authorise the granting of the Lease
hereinafter contained.

NOW THIS INDENTUEE WITNESSETH as follows :—

1. In consideration, &c. {as in Form No. 1) the Lessors in
exercise of the powers for this purpose confei'red on them by the
recited Order and by the Settled Estates Act, 1877, and of all other
powers hereby demise, &c. (continue as in Form No. 1) (nun)n).

THIS INDENTUEE, d-c, Between A. B., of, &c. (tenant for life No. 6.
of proceeds) (hereinafter called the Lessor, which expression, where g Tenant
the context so admits, includes the person or persons for the time ^^^ '^^^^ of

,. .,,. .. ... proceeds of

beuig entitled m reversion immediately expectant upon the term sale of pro-

hereby granted), of the one part, and C. D., of, &c. (hereinafter tnisteeb^on ^

called the Tenant, which expression, where the context so admits, g^i^^^^th

includes his executors, administrators and assigns), of the other leave of

^ ^ Court

part :

Whereas by an Order of the Chancery Division of the High

Court of Justice, made on the day of — — , 19 — , by the

Hon. Mr. Justice , In the matter of certain hereditaments

situated at (including the hereditaments hereinafter

{mmm) As the freeholds now vest in the executors under L. T. Act, 1897,
s. 1, it is possible that they might be justified in granting leases, before
assenting to the devise, withoiit obtaining an order under the S. E. Act,
1877. They would have to consider whether it was a proper mode of
administering the testator's assets.



72



LEASES (forms).



No. 7.

Under a power
created by deed
or Will.



No. 8.

By married
woman of her
separate pro-
perty under
Married
Women's
Property Act.



demised), settled by, &c. And In the matter of the Settled
Land Acts, 1882 to 1890, the Lessor was authonsed to exercise
the powers of leasing conferred by section sixty-three of the
Settled Land Act, 1882 0?):
NOW THIS INDENTUEE WITNESSETH as follows:—

1. In consideration, &c. (as in Form No. 1), the Lessor, in
exercise of the power for this purpose conferred on him by the
Settled Land Act, 1882, and of all other powers (if any) him
enabling, hereby demises, &c. (contimic as in Form No. 1).

THIS INDENTURE, &c. {'parties and definitions as in last Form),

WITNESSETH as follows :—

1. In consideration, &c. {as in Form No. 1), the Lessor [s] , in
exercise of the power (o) for this purpose conferred on him [them]
by an Indenture dated, &c., and made, &c. (date and j^ayties), [or by

the Will dated the day of , 19 — , and proved on the

day of , 19 — , in the Principal Probate Eegistry, of L. M.,

who died on the day of ,] and of all other powers (if

any) him [them] enabling, hereby [appoints and] demise [s], &c.
(continue as in Form, No. 1).

THIS INDENTUEE, &c., Between E. B., the wife of A. B.,

of, &c., to w4iom she was married on the day of ■ ,

1883 i]}) (hereinafter called the Lessor, which expression, where
the context so admits, includes her heirs and assigns), of the one
part, and C. D., of, &c. (hereinafter called the Tenant, which

(??) The powers confei'red by this section cannot be exercised, without an
order of the Court : S. L. Act, 1884, s. 7 ; and see Wolst. Conv. Acts, 9th
ed., 437—439; Be Childs, 1907, 2 Ch. 348; 76 L. J. Ch. 565; Re Wagstaf,
1909, 2 Ch. 201 ; 78 L. J. Ch. 513; and rf. Re Crips (1907), 95 L. T. 865.
The order names the person to exercise the powers and is conchisive in,
favour of the lessee : sub-ss. (ii.) and (ix.). This keeps the settlement of
the proceeds off the title. The order should be re,'4istered as a lis pendens.

(o) A power of leasing conferred by a deed or Will is not taken away by
the S. L. Act, 1882 ; but if a power for the same purpose is vested by the
Act in some other person, the consent of that person is necessary to its
exercise : s. 56. In the above case it is supposed tliat the powers given by
the deed or Will and by the Act are vested in the same j^erson.

Form No. 7 is also applicable to the case where the S. L. Act powers are
in a Will or settlement given to trustees who hold the land on trust for sale.
If the legal estate is vested in the Lessors then the words " aj^points and"
should be omitted. If the consent of any person is made requisite to the
exercise of the power this can be given separately.

(p) This date is inserted to show that the marriage took place after the
commencement of the M. W. P. Act, 1882, viz., 1st January, 1883. If the



PARTIES, DEFINITIONS, AND OPERATIVE PARTS. 73

expression, where the context so admits, inchules his executors,
administrators and assigns), of the other part,

WITNESSETH, &c. {rontiiiu,' as in Form Xo. 1).

THIS INDENTURE, &c.. Between E. B., the wife of A. B., No. 9.

of, &c. (hereinafter called the Lessor, which expression, where gy carried '

the context so admits, includes the person or persons for the Z°^^^^^^ . -r-.

. . . Tenant for Life

time being entitled in reversion immediately expectant upon for her sepa-
the term hereby granted), of the one part, and C. I)., of, e'tc.
(hereinafter called the Tenant, which expression, where the
context so admits, includes his executors, administrators and
assigns), of the other part {Hecitc Settlement under wliick Lessor
is tenant for life, as in Form No. 3a, snhstitutinfi " her " for
"his," and adding "for her separate use without power of
anticipation ") :

NOW THIS INDENTURE WITNESSETH as follows :—

1. In consideration, &c. {as in Form No. 1), the Lessor, in
exercise of the pow'er for this purpose conferred on her by the
Settled Land Act, 1882 (r/), and of all other powers (if any) her
enabling, hereby demises, &c. {eontinue as in Form No. 1).

THIS INDENTURE, &c.. Between A. B., of, &c., and E. B., his No. 10.

wife (hereinafter called the Lessors, which expression, where the r~ 7 '
context so admits, includes the person or persons entitled in and wife under
reversion immediately expectant upon the term hereby granted),
of the one part, and C. D., of, &c. (hereinafter called the Tenant,
which expression, where the context so admits, includes bis
executors, administrators and assigns), of the other part {Reeite
Settlement under which E. B. is tenant for life as in Form No. 3a,
snbstitutinii " her ''for " his ") :

NOW THIS INDENTURE WITNESSETH as follows:—

1. In consideration, &c. (as in. Form No. 1), the Lessors, in
exercise of the power for this purpose conferred on them by the
Settled Land Acts, 1882 to 1890, and of all other powers (if anv)
them enabling, hereby demise, &c. {eontinue as in Form No. 1).

lessor was married before that date, but the in-operty was acquired after, the
reference to the date of the marriage should be omitted, and a recital
introduced showing the acquisition.

(</) S. 61 ; the husband is not a necessary jiarty where the wife owns the
life estate as her sejiarate property under the M. AV. P. Acts, 1882 to 1907,
or otherwise. A restraint on anticipation does not affect her powers : S. L.
Act, 1882, s. 61 (6).

(>•) 8ee note to last Form.



74



LEASES (forms),



No. 11.

By husband
seised iu right
of his wife
under Settled
Estates Act,
1877 (s).



No. 12.

By a lunatic
by his com-
mittee or
receiver.



No. 13.

By a lunatic
Tenant for
Life under
S. L. Acts.



THIS INDENTURE, &c., Between A. B., of, &c. (hei-einafter
called the Lessor, which expression, where the context so admits,
includes the person or persons for the time heing entitled in
reversion immediately expectant upon the term hereby granted),
of the one part, and C. D-, of, &c. (hereinafter called the Tenant,
which expression, where the context so admits, includes his
executors, administrators and assigns), of the other part,

WITNESSETH as follows :—

1. In consideration, &c. {as in Form No. 1), the Lessor, being
beneficially entitled to the possession of the hereditaments
hereinafter described in right of E. B., his wife, who is seised in
fee simple thereof, doth hereby, in exercise of the power for this
j)urpose conferred on him by the Settled Estates Act, 1877, and
of all other powers (if any) him enabling, demise {continitc as in
Form No. 1).

THIS INDENTURE, made the day of , 19— Between

A. B., of, &c., a lunatic [not] so found by inquisition (herein-
after called the Lessor, which expression, where the context so
admits, includes his heirs and assigns), by X. Y., the committee
[receiver] of his estate acting on his behalf, pursuant to an

Order of the Judge in Lunacy dated the — — day of , 19 — (t),

of the one part, and C. D., of, &c. (hereinafter called the Tenant,
which expression when the context so admits includes his
executors, administrators, and assigns) of the other part,



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