Page:Halsbury Laws of England v1 1907.pdf/468

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Agriculture.

246 Sect.

2.

Custom

of

Country,

from the landlord or incoming tenant a reasonable allowance for seeds and labour on the arable during the last year of tenancy, and bound to leave the manure for the landlord if he will is purchase

it (t).

Sub-Sect.

What

5.

Covenant

to

Oaltivate according to Custom,

514. Conversion of part of a farm, consisting of arable and pasture

amounts

to breach of the

market garden, and the erection of glass-houses etc. thereon, is not a breach of a covenant to cultivate the farm " in a good, proper, and husbandlike manner according to the best rules of husbandry practised in the neighbourhood " (a). On the other hand, such a covenant, or the ordinary obligation to cultivate in a husbandlike manner according to the custom of the country, is broken by tilling half a farm, when it is proved that no other farmers in the neighbourhood till more than one-third, and some

land, into a

covenant.

even

less (b).

Sect.

Liability to Outgoing

3.

Tenant for Tillages

etc.

515. Where there is a custom for the landlord to pay an outgoing tenant for tillages etc., the liability to make such payment attaches to the lessor's interest in the land, and devolves upon the person who, when the payment becomes due, is then in receipt, or entitled to receipt, of the rent. Thus the devisee of the original landlord being in possession is liable, notwithstanding that a long term of years has been created in the land and vested in trustees (c) also executors of a termor in the land who has sub-leased (d) and assignees of the reversion are liable, although the original landlord received the rent due to the end of the tenancy, and gave the notice to quit, which was merely renewed and confirmed by the assignees (e).

Devolution of liability.





516. A vendor who, after the contract for sale but before complepays the outgoing tenant's valuation is entitled, in the absence of a stipulation to the contrary, to be reimbursed by the purchaser (/).

Vendor and purchaser.

tion,

517. An alleged custom that the outgoing tenant should look to the incoming tenant, to the exclusion of the landlord's liability, for payment for seeds, tillages etc., is unreasonable, and cannot be supported (g) but the incoming tenant may become liable to the outgoing tenant by express or tacit contract (h). An agreement between the outgoing and incoming tenants with respect to payment for tillages or crops does not, however, affect

Incoming tenant.



(t)

-

Hutton

Meux

V.

Warren

(1836), 1

M. & W.

466.

CoUey, [1892] 2 Ch. 253. {h) Legh v. ffeiuiit (1803) 4 East, 154. (c) Mansel v. Norton (1883), 22 Ch. D. 769. (d) Fav'iell v. Oaskoin (1852), 7 Exch. 273. (e) Womersley v. Dally (1857), 26 L. J. (ex.) 219. (/) Bennett v. Stone, [1902] 1 Ch. 226. [g) Bradbiirn v. Fohi/ (1878), 3 C. P. D. 129. (h) Ibid.; Codd v. Broiuti (1867), 15 L. T. 53 B Stafford v. Gardner (1872), L. E. 7 0. P. 242 and see Sucksmith v. Wilson (1866), 4 E. & E. 1083. (a)

v.