Page images
PDF
EPUB
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

THE STATUTE OF FRAUDS.

B

CHAPTER I.

PAROL LEASES.

Y the first section of the Statute of Frauds, it is provided that all leases, estates, interests of freehold, or terms of years, or any uncertain interest, of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments, made or created by livery and seisin only, or by parol, and not put into writing and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater force or effect; any consideration for making the same to the contrary notwithstanding.

[blocks in formation]

The second section excepts from the foregoing pro- Except leases not exceeding visions, all leases not exceeding the term of three years term of three from the making thereof, whereupon the rent reserved years. to the landlord during such term shall amount unto twothird parts, at least, of the full improved value of the thing demised. (a)

(a) Up to the 1st of January, 1861, the law in Ireland was regulated by 7 Wil. III., c. 12,

B

s. 1. This act was repealed by
23 & 24 Vict. c. 154; the
fourth section of which enacts

CHAP. I.

tain interest.

The words, "all leases, estates, interests of freehold,

What is uncer- or terms of years, or any uncertain interest," &c., extend only to interests which are uncertain as to the time of duration. (a)

Collecting the meaning of the first by aid derived from the language and terms of the second section, and the exceptions therein contained, it seems that the leases, &c., meant to be vacated by the first section, must be understood as leases of the like kind with those in the second section, but which convey a larger interest to the party than for a term of three years, and such also as are made under a rent reserved thereupon. (b)

that every lease or contract
with respect to lands, whereby
the relation of landlord or
tenant is intended to be crea-
ted, for any freehold estate or
interest, or for any definite pe-
riod of time, not being from
year to year, or any lesser pe-
riod, shall be by deed executed
or note in writing signed, by
the landlord or his agent there-
unto lawfully authorized in
writing. See Bayley v. M. of
Conyngham, 15 Ir. C. L. R.
406; Chute v. Busteed, 14, ib.
115.

(a) Wood v. Lake, Say, 3.
The first section seems to be co-
extensive with the fourth, and,
consequently, every interest
which is within the fourth sec-
tion is equally within the first,
unless it come within the saving
of the second. Sugd. V. & P.

14 Ed. 122.

(b) Crosby v. Wadsworth, 6 East, 602, per Lord Ellenborough. If an estate of whatever value should be conveyed to a purchaser by livery of seisin without writing, the act would avoid the estate, although the purchaser had paid his money. An actual lease for any given number of years, whether with or without rent, or any interest uncertain in point of duration, must, it should seem, equally fall within the provision of the first section, and cannot be sustained unless it come within the saving in the second section. Sugd. V. & P. 14th ed. 122, citing Crosby v. Wadsworth, 6 East, 610; Lord Bolton v. Tomlin, 5 Ad. & E. 856; 1 N. & P. 247, for the extent of the second section; as to the first section, Cooch v. Goodman, 2 Q. B. 596.

CHAP. I.

statute as to

The effect of the first, second, and fourth sections of the statute, so far as they apply to parol leases not ex- Effect of ceeding three years, is that the leases are valid, and that lessor's whatever remedy can be had upon them in their charac- remedies. ter of leases may be resorted to; but they do not confer the right to sue the lessee for damages for not taking possession. Thus, in Edge v. Stafford (a) it was held that a parol agreement to take furnished lodgings for "two or three years" amounted to a lease, and gave the lessor a right to whatever remedy he could have in the character of a lease; but that inasmuch as the contract was for "an interest in lands" within the fourth section, the tenant was not liable in an action for not taking possession.

by deed.

An easement, like any other incorporeal hereditament Easements can only be created affecting land, can only be created or transferred by deed. All such hereditaments lie in grant and not in livery, and pass by mere delivering of the deed. (b)

In Hewlins v. Shippam, (c) the action was for stopping up a drain leading from the plaintiff's premises, through the defendant's yard: the plaintiff was non-suited, on the ground that the right to have the drain pass through the defendant's yard was an interest in the defendant's land, and under the statute, there being nothing in writing to create the right, but its foundation resting in parol only,

(a) 1 C. & J. 391.

(b) Wood v. Leadbitter, 13 M. & W. 842, 14 L. J. Ex. 161, per Alderson, B., overruling on this point, Wood v. Lake, Say, 3; Webb v. Paternoster, Palm. 71; 2 Roll, 152; Poph. 151;

Winter v. Brocklewell, 8 East,
308; Tayler v. Waters, 2 Marsh,
551; 7 Taunt. 384; Wood v.
Manley, 3 Per. & D. 5, 11 A. &
E. 34.

(c) 5 B. & C. 221.

« PreviousContinue »