The Law of Real Property : With An Appendix of Forms of Conveyancing Adapted to the Law of the State of New York

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Schenck, 8 Johns., 151.
' Haywood v. Miller, 3 Hill, 90.
TITLE BY DEED. 235 after the arrival of tlie time to purchase lie remains on the land, he is a trespasser.^ A contract for rooms and board does not create a tenancy.^ 161. Although a lease usually embraces such instru- ments only as convey to the lessee an estate less than that which the lessor possesses, yet it has been the practice in many portions of this State to grant per- manent leases, reserving rent either in money, in kind, or in
... services. Such leases are called leases in fee, and durable leases.* So long as the tenant paid his rent promptly he had his estate in fee, subject, however, to the conditions in the grant. He could sell and dis- pose of it, and it was descendible to his heirs.* The indentures or grants had clauses of distress and re-entry, and the parties thereto, and their privies were subject to all the duties, liabilities and conditions of landlords and tenants, hence they were called leases. Such leases may still be made, excepting for agricultural lands, which cannot be leased for a period greater than twelve years.

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