14 ON THE HISTORY OF LEASES OF LANDS 



continue an old one, if not injurious or precarious. Joint- 

 tenants are jointly liable for all prestations, and either can insist 

 on joint-occupation and management. 



One-third arable has been considered reason for designatino- a 

 farm pastoral ; while another decision gives the preference to 

 that portion from which the greatest share of the profits is 

 derived. 



The law is now more favourably interpreted fur the tenant as 

 to fixtures. Anything of an ob\dously temporary or easily re- 

 movable nature can be removed by the tenant if it has been 

 erected by himself, provided that no damage be done to the land- 

 lord's subject. Houses of brick or stone and mortar, if fixed to 

 the ground, however, still become the property of the landlord at 

 the end of the term, although they may have been erected by the 

 tenant. It is not clear — for judges have differed in opinion — as 

 to whether removal can take place after the tenancy has ceased ; 

 but common sense and expediency point to the right lapsing with 

 possession. 



A lease is constituted a personal right by the mutual consent 

 of parties ; the contract is the title, and on its terms depend the 

 existence, duration, and value of the right, and for a right of this 

 nature no specific form is requisite. Written or verbal, formal 

 or informal, its existence, when proved, creates an obligation on 

 the parties, and as a personal obligation is valid enough, although 

 not possessing the requisites of real rights. 



Effects of Statute 1449. 



This statute converted the pre\dously only personal into real 

 rights. The requisites, so as to make the lease effectual against 

 all comers, are — 1st, that the lease be in WTiting ; 2d, that the 

 subject be lands, or their adjuncts fundo annexa; 3d, that the 

 lessee shall be in possession ; 4t]i, that the lease shall have a 

 defined duration ; 5th, that there shall be a stipulated rent. 

 The rights of widows, heirs of entail, and those possessing similar 

 rights, are not affected by the lease, however perfect. 



A verbal lease, and good for one year only, may be proved by 

 writing, and if it be for a term of years may become A'alid through 

 rei interventus. This legal principle may be said to bind a 

 party — otherwise imperfectly bound and able to resile if he chose 

 — ^by permitting the other party to proceed on the agreement as 

 if it were complete and to perform acts clearly referable to and 

 resulting from it, and which, by a refusal to proceed, would prove 

 injurious to the party misled. While better cultivation and 

 management will not, drainage, buildings, and such like improve- 

 ments, will constitute rei interventus. This principle is explained 

 at considerable length, as it has such an important bearing on the 



