Illinois Law Review Volume 14

Illinois Law Review Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ... the thing sought in 2 and 4. I LEASEHOLD ESTATES Historical. In England, prior to the Statute 32 Henry VIII c. 34 (1540), it seems that neither the benefit nor the burden ever ran with the reversion.' Thus if the lessor, "A," assigned his reversion to "C," and the lease contained a covenant whereby the lessee agreed to do something in connection with the leasehold or leased premises, "C" could not enforce the covenant, and it was said the benefit did not run (situation 2); or if the lessor assigned his reversion to "C" and the lease contained a covenant by the lessor to do some such thing, the lessee could not enforce this covenant against "C," and it was said the burden did not run (situation 1). In situation 3 and 4, however, the covenant was enforcible and the benefit and burden ran with the term or leasehold if the other requirements herein soon to be considered were satisfied. In situations S and 6, of course, as in 1 and 2, the covenant was not en 2. l Sm. L. C. (10th ed.) 58. forcible. The statute operated to render enforcible the covenants in situations 1 and 2, and, by inference, also 5 and 6, ' so that after the year 1540 the benefit and the burden always ran with leaseholds or reversions, provided all other requirements were satisfied, with this reservation, that the statute did not operate on leases except they were under seal.' But given one of these situations there were certain elements prerequisite to the running of these covenants. They were as follows: Assigns Must Be Mentioned--S1encer's Case. It was necessary for the covenant to mention assigns in order for the burden to run where the subject matter of the covenant was not in esse. In such...
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Product details

  • Paperback | 372 pages
  • 189 x 246 x 20mm | 662g
  • United States
  • English
  • black & white illustrations
  • 1236808193
  • 9781236808196