English Land Law. 
371 = 105 
In dealing with an absolute owner, the basis of the tenant's If the landlord 
mnensation is the cost price of each improvement, with a absolute 
■* , ■* owner 
oportionate deduction for each year subsequent to that in 
lich the outlay is made, until either the term of twenty years 
pires, and the improvement thus becomes, in a legal sense, 
hausted ; or until the period of actual exhaustion fixed by the 
luers in the particular case. Thus, the longer the tenancy 
•.ntinues, the smaller the compensation which falls to be paid 
the landlord. Assuming that the improvement is one 
lich, in the valuer's opinion, remains unexhausted during 
e full term limited by the Act, the tenant will be entitled 
receive back again, out of the land, in twenty equal 
arly instalments, the money which he put into or upon the 
id ; and if he leaves his holding before the end of twenty 
ars, and is thus unable to recoup himself, the landlord will 
come bound to pay the instalments which may remain 
I.e. Obviously also, if the tenancy continues for twenty 
ars, dating from the end of the year of tenancy in which the 
■ tlay is made, no compensation can be claimed. It is as 
ough the tenant had lodged to his credit in a bank a capital 
:m, to be drawn out in given proportions within a limited 
■m by the occupier for the time being; and by length of 
•cupation he himself may exhaust the credit. Of course care 
taken in the landlord's interest that the improvements when 
ien over by him are "in tenantable repair or good con- 
'tion ;" and the sum found due to the tenant may therefore be 
iluced by " any sums reasonably necessary to be expended " 
putting the improvements into this condition. 
There is an important limitation to the rule as to the Previous 
aount and duration of the tenant's claim. He can demand no consent of 
".mpensation for a first-class improvement, unless he has made 
!ich improvement with the previous consent, in writing, of 
' her landlord or agent. Again, it must be noted that com- 
;nsation for a first-class improvement is given upon the fore- 
jiing basis only if, at the time when such consent was given, 
l3 landlord was the absolute owner of the premises. It is, 
ijrefore, the business of the tenant, upon asking and receiving 
landlord's consent to make any one of the thirteen per- 
iinent improvements, to ascertain also whether the landloi'd is 
h " absolute owner,^' that is to say, whether he is " capable 
disposing, by appointment or otherwise, of the fee simple or 
ole interest of or in freehold, copyhold, or leasehold land." 
he be freeholder, copyholder, or owner of leaseholds, then it 
immaterial to what extent his land may be mortgaged, 
umbered, or charged ; he is " absolute owner " for the pur- 
ges of the Act, and the tenant will have a lien tipon the 
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