English Land Law. 361 = 95 
upon the lessor's issue, and not upon those entitled in remainder 
or reversion. This statute was, however, repealed by the Act 
for abolishing Fines and Recoveries in 1833 (3 & 4 Will. 4, 
c. 74), which conferred upon tenants in tail general powers of 
making a valid lease for a term not exceeding twenty-one years, 
provided that a rent was reserved amounting to two-thirds at 
least of the rack-rent at the time of the demise. The leasing- 
powers of ecclesiastical corporations and incumbents of benefices 
are similarly regulated by a series of enactments reaching from 
1541 (32 Hen. 8, c. 27) until the present day, a recapitulation 
of which would be of little interest. 
A lease is simply a contract by which the right to the pes- Legal effect of 
session of land is immediately transferred, and the relation of 
tenancy constituted, without the necessity of any further con- 
dition, such as entry and occupation, being fulfilled. No formal 
words are essential to its validity, and although the phrase 
'■^demise, grant and to farm let" is usually employed, any terms 
suflBciently indicating an intention to transfer the possession at 
once for a determinate time will be effectual. At common law, 
indeed, not even writing was necessary, and except in the cases 
mentioned below, a lease may still, strictly speaking, be effected 
by parol. The Statute of Frauds (29 Car. 2, c. 3), as already men- 
tioned, first enacted that all leases, except such as did not exceed 
the term of three years from the date of making, with a rent 
reserved amounting to at least two-thirds of the full annual value, 
should create estates at will only unless made in writing ; and by 
1 later enactment (8 & 9 Vict. c. 106) all leases required by law 
to be in writing will be void unless made by deed. The operation 
of a lease, rendered void under this statute, as an agreement, and 
:he general distinction between the two classes of instrument, 
las been also mentioned. 
The legal characteristics and requirements of a valid lease 
laving thus been indicated, the nature of the contract of tenancy 
irising from it must next be considered. It has been said that 
:he essence of such a contract is that the right to the possession 
)f the land should be at once irrevocably transferred to the 
enant, in consideration of a certain rent ; but the possessory 
"ight thus acquired is subject to a variety of conditions, which 
-)ind the lessee throughout his occupation. The covenants or 
onnal stipulations which are most usual and most necessary in 
he instruments which constitute the relation of tenancy, there 
Jeing little practical difference in this respect between leases 
ind mere agreements, may be divided into several leading 
.'lasses. 
I 1. Covenants hy the Tenant for the Fulfilment of those Ohliqa- Tenant ■ 
•tons to the Landlord which are the direct and necessary results q/" 
