The law relating to building : with precedents of building leases and contracts and other forms connected with building and the statute law relating to building with notes and cases under the various sections / by Judge Emden ; assisted by Henry Johnston.

  • Alfred Charles Emden
Date:
1895
Catalogue details

Licence: Public Domain Mark

Credit: The law relating to building : with precedents of building leases and contracts and other forms connected with building and the statute law relating to building with notes and cases under the various sections / by Judge Emden ; assisted by Henry Johnston. Source: Wellcome Collection.

    76/744 page 28
    Agreement for Building Lease, and Description of Building Land by Plans. Covenants against trade not usual covenants. Where the tenant is to build. 28 Agreement for Building Lease. During the time a lessee is in possession under an agree- ment for a lease the Statute of Limitations does not begin to run against the owners of the land, inasmuch as they have not an effective right of entry or action for the recovery of the land. Covenants not to carry on a particular trade, or in restraint of trade in a trading locality, are not ‘ usual covenants , whether they are so or not, however, is a question of fact. Under a contract for a lease to contain usual coveriants, where the lessee was to build, and not to use the premises for any other purpose than a glass manufactory, it was held, that the lessor was not entitled to the insertion of an affirmative covenant compelling the lessee to carry on this business.'* Where premises are described as ‘leasehold business pre- mises ’ the purchaser is entitled to have an assignment of pro- perty on which he can carry on any business, subject only to restrictions imposed by the general law, or in force as to any particular trade.. Although there are words of present demise m an agreement for a lease, if the document provides that it shall not operate as a lease, but only as an agreement, it will be construed as such. And words of present contract, with an agreement that t e lessee should take possession immediately for building or other- wise, and that a lease should be executed in future, operate only as an agreement for a lease, and not as a lease itse . a contract that B. should receive certain sums of money from A., and should build on A.’s land, and procure responsible tenants at a given rate, and himself pay the rent from a certain day till he procured such tenants, creates no tenancy between A. Where, after words of present demise (‘ doth agree to let, &c.), there was an agreement to grant a lease when certain buildings had been finished by the tenant, it was considered tha as the tenant had to lay out money on the premises, he took an 1 Warren v. Murray, [1894] 2 Q. B. 648 ; 64 L. J. Q. B. 42 ; 7i Wilbrah^t'^Ltvesly^^^ 206: Property. K. Z%, V. C.rt, I V ^ lot! 7 C. D.’sss i La„4triuutB,.siiy, [1892] 3 Ch. %l;2u r 96 , 7 B. . C 6^ : Strdi; l. t. 100 ; 37 W. R. 217 ; S3 ^0 • 7 C. & B. 360: Taylor ® T^pyyi'ti^ V. Bvooh^ I cL 1n.» 5^^ ^ • • it CaUhvell, 3 B. & S. 826. Compare Doe d. Jackson v. Ashburncr, 5 T. R. ^ , . , , „ , . „ rrr,,, r T R Scc Adaftis V. Hagger, building. ^ o -r- 00 8 Taylor v. Jackson, 2 C. <x K. 22.
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