A Treatise On the Law of Conveyancing

Cover A Treatise On the Law of Conveyancing
A Treatise On the Law of Conveyancing
W B Martindale
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3)1 . .^^ '- Co. Litt. 215, b; Xorman v. Well-, 17 W • d. I iii.
ART. V. USUAL COVENANTS IN LEASES. 303 § 349. The Effect of a Covenant Running with the Land is, as we have seen, to bind an assignee to its per- formance; and being bound to performance, he is also en- titled to the benefits of such covenants as are favorable to him, except where the breach has happened before his own time. I Therefore, the lessor is liable to the assignee of the lease on his covenants of a like nature, among whi
...ch are covenants for quiet enjoymeut, ^ for further assurance, -^ to renew the lease, to repair the premises and the like. * But to render one liable on a covenant as assignee he must take an assignment of the whole, or a part of the premises for the whole term ; for although an assignee of the lessee would be bound, a sublessee would not ; nor would the assignee of such sublessee.^ As between the lessor and an under-tenant of the lessee there is neither privity of estate nor of contract, so that as between these parties there can be no advantage taken of the.

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