A Treatise On the Law of Real Property

Cover A Treatise On the Law of Real Property
A Treatise On the Law of Real Property
John G John Gardner Hawley
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But, unless by an express provision of the lease, or, by virtue of a statute, non- payment of rent is no more a ground for forfeiting a lease than non-payment of the purchase price is for rescinding a sale, and revesting title in the vendor.
TO WHOM RENT IS PAYABLE.
Under this head no difficulty arises where the rent is made payable to the lessor, and the lessor lives and holds his title during the continuance of the term. But where the rent is re- served in favor of a person other than the lan
...dlord, it is doubt- ful what, if any, remedy the person to whom the rent is made payable has.^^^ The covenant to pay rent being one which runs with the land, the right to the rent follows the reversion, and this without regard to the technical language used in the lease.^^^ "Whenever the landlord's title is extinguished, whether by death or sale, the right to collect the rent passes to the new proprietor, that is, if the new proprietor acquires the title which the landlord had at the time of making the lease.

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