Upon a sale of lands held under an Inclosure Act, it will often be expedient to negative the purchaser's prima facie right to evidence of the validity and regularity of the award (j): and attention must be paid to the rule which, when an allotment has been made indiscriminately in respect of lands held under different titles, requires the production and proof of all such titles; a rule which, if not guarded against, may occasionally lead to expenses which will swallow up the purchase-money.

Where the property comprises strips of waste land, recently inclosed, some special stipulations as to title will almost invariably be necessary (k).

Where the property has been recently enfranchised (l) the production of the manorial title must be guarded against, if the vendor be unable to produce it: or, if produced, it may be well to guard against the rule which enables a purchaser to require evidence of the manor having, since the enfranchisement, been enjoyed conformably with the earlier title (m).

What conditions expedient on sale of inclosed lands.

Land formerly waste.

Enfranchised copyholds.

(j) 3 Dav. Conv. 58; but this seems to be rendered unnecessary by the 3 & 4 Vict. c. 31, in cases coming within its provisions: the want of inrolment of the award is remedied by the 3 & 4 Will. IV. c. 87, in cases where the award was executed before the passing of the Act.

(k) See, as to the presumption of ownership of such strips, Scoones v. Morrell, 1 Beav. 251; vide infra, Ch. VIII.

(l) Vide infra, Ch. VIII.

Where, in the case of copyholds, the title depends upon grants, made by the lord of the manor, of part of the waste, it will, in general, be expedient to provide that no evidence shall be required of such grants being authorized by the custom of the manor; in some manors, however, the right is well established.

Upon a sale of leaseholds, the following points will require attention.

To negative the purchaser's right to the production of the lessor's title, if, as generally happens, the vendor cannot produce it; if the interest to be sold be an underlease, the condition should (if so intended) clearly refer to the title as well of the sub-lessor as of the original lessor; if, however, the lease be by a Bishop, a purchaser has no prima facie right to production, and any condition respecting the lessor's title may be omitted (n).

The covenants in the lease should never be referred to as "usual;" the preferable plan is, to produce an abstract or copy of the lease at the time of sale; and to state the intention so to do in the particulars or conditions, and to stipulate that the purchaser shall be deemed to have full notice of its contents.

It is also, in general, necessary to provide, that certain specified evidence (usually the production of the last receipt for rent), shall be sufficient evidence of the performance of the covenants and conditions in the lease, up to the completion of the purchase (o).

Copyholds formerly part of lord's waste.

Leaseholds.

Against production of lessor's title.

Covenants in lease, how to be noticed.

As to evidence of covenants, etc, having been performed.

(m) See 1 Jarm. Conv. by S. 83.

(n) Vide infra, Ch. VIII.

(o) With respect to the necessity of such a condition, see, as to Insurance, Penniall v. Harborne, 12 Jurist,

159: but the condition, it is conceived, would not avail if the purchaser could show that the conditions had been broken.

When leasehold property is sold in lots, it is also necessary to provide for the apportionment of the rents and liabilities under the lease: this cannot be done effectually where, as is usually the case, the lessor refuses, or is incompetent, to concur; underleases, (the original term being retained either by the vendor or one of the purchasers), with covenants for mutual indemnity, are frequently resorted to; in fact necessarily so, where, in the case of buildings, the original lease contains a covenant to insure against fire in a given sum: cross powers of distress and entry are often relied on in other cases; but the plan proposed, whatever it be, should be stated in the conditions (p).

Upon the sale of renewable leaseholds, it will probably be necessary to provide against the production of the title prior to the subsisting Lease (q).

Upon the resale of a reversion, it may often be necessary to provide, that no evidence shall be required of the sufficiency of the consideration paid on the original purchase (r); if such purchase, however, were by auction, the condition would seem to be unnecessary (s).

As to apportionment of rent and liabilities on sale in lots.

On sale of renewable leaseholds.

On sale of a reversion.