The hiring of real property is usually effected by means of a lease, which is a contract, whereby one party - the tenant - has the possession and profits of the land, and the other party - the landlord - reserves a rent, which the tenant pays him by way of compensation.

It is frequently a question whether an instrument is a lease at once, or only an agreement to make a lease hereafter; and, if it be a lease, when by its terms it is to begin, and when to end; and whether the tenancy is for years, or from year to year, or at will, or upon sufferance. But these questions are properly questions of construction, and so far as they come within the scope of this work will be considered hereafter, when we treat of Construction, and of the Statute of Frauds, in our Second Volume.

If a party accepts a lease and occupies the premises without signing the lease, he is nevertheless liable for the rent. (aa)

Any general description will suffice to pass the demised premises, if it be capable of distinct ascertainment and identification. And certain words, usually employed, as house, farm, land, and the like, have, if necessary, a very wide meaning. (a)1 And where such general and comprehensive terms are employed, all things usually comprehended within the meaning thereof will pass, unless the circumstances of the case show very clearly that the intention of the parties was otherwise. (b)2 And inaccu(aa) Trapnall v. Merrick, 21 Ark. 503.

(a) Shep. Touch. 90-92.

(b) Doe v. Burt, 1 T. R. 701; Bryan v. Wetherhead, Cro. C. 17; Gennings v. Lake, id. 168; Kerslake v. White, 2 Stark. 508; Ongley v. Chambers, 1 Bing. 483, 496.

1 If the tract is shown with reasonable certainty, it will pass, though the description is erroneous in some respects. McLoughlin v. Bishop, 35 N. J. L. 512. - K.

2 The grant of thing carries incident, Riddle v. Littlefield, 53 N. H. 503; as the lease of a ground floor carries the right to have windows overlooking the lessor's yard unobstructed, Doyle v. Lord, 64 N. Y. 432; of a " building " includes land under the eaves, if belonging to the lessor; and the erection by him of a wall is an eviction, racies as to qualities, names, amounts, etc., will be rejected, if there is enough to make the purposes and intentions of the * parties certain. (c) So the granting for hire of a thing to be used, carries with it all proper appurtenances and accompaniments which are needed for the proper use and enjoyment of the thing. (d)