Page:The New International Encyclopædia 1st ed. v. 11.djvu/812

* LANDLORD AND TENANT. 736 the tenant's duty. See Feoffment; Forfeiture; Life Estate. Among the utlicr important incidents of the relation of landlord and tenant are the obligation of the tenant to refrain from committing waste on the premises; his right to cut wood for fire, for fencing and repairs, and other similar privi- leges, known as "estovers' ; the right of a tenant for life or at will to the emblements or growing crops: and the right of a tenant luuler certain circumstances to remove tixtures which he has annexed to the freehold. The obligation of a tenant for life or years to keep the premises in repair is a direct consequence of liis liability for wlat is known as permissive waste, which consists in permitting the premises to deterio- rate with use. At common law this is carried so far as to compel the tenant to rebuild a house destroyed by accidental fire, but this extreme eon- sequence of the doctrine of waste has generally been abrogated by statute in the United Statis. All of these rights and obligations flow naturally from the relation between the parties and do not depend uijon agreement. See Emblement; ESTOVER; FlXTtRE; WASTE. Other obligations of the parties are the result of agreements which, in the language of the books, ■'touch and concern the land." These aie very numerous, the more usual ones being the obliga- tion of the tenant to pay a sti|)ulated rent, to refrain from assigning the lease without the land- lord's ])ermission. to make certain improvements, and the like; and. on the landlord's part, to re- new the lease for a further term, to pay for im- provements at the expiration of the lease, to permit the removal of fixtures not otherwise re- movable, etc. Rent is never due in the absence of an agreement, express or implied, but In" stat- ute an understanding to pay a reasonable rent for the use and occupation of leased premises may be implied in cases where the lease is silent on the subject. Where agreements of the kind above enumerated are embodied in a covenant, i.e. an instrument under seal, they become a part of the relation of landlord and tenant, and become binding, not only upon the original parties, as is the ease with ordinary contracts, but extend to all those who may. during the continuance of the lease, succeed to the position of the original parties, respectively. Such covenants are said to 'run with the land.' It is on this principle that a tenant's obligation to pay a certain rent is passed on to any one to whom he may assign the lease, and the landlord's right to enforce the obligation passes, upon a sale of the land, to the assignee of the reversion. Most of the obligations of landlord and tenant, ■whether inherent in the relation or contractual, are enforceable only by an action for damages. This is especially true of the obligations arising out of the agieements of the parties. In the absence of an express provision to that effect, there is. in general, no right on the part of the landlord to terminate the lease and eject the tenant for failure to pay rent or for any other breach of duty. This result can be attained only by incorporating in the lease a condition for- feiting the estate for a failure to perform the covenants thereof. This, however, is frequently done. Under most circumstances the relations of land- lord and tenant come to an end without notice. This is always true of estates for life and for LANDON. years, and generally of tenancies at will and at sutierance. Estates from year to year, or from month to month, on the other hand, are a pecu- liar form of tenancy at will, terminable only at the end of a current period, and then only upon due notice. But the estate of a tenant m.ay come to an end in other ways than by effluxion of time. Apart from eases of forfeiture for waste, for felony, for breach of condition, and the like, leasehold estates are regularly terminated by the "release' of the reversion to the tenant, or by the "surrender' of the tenant's estate to his land- lord. These are modes of conveyance operating only where there is "privity of estate' between the parties thereto, and peculiarly appropriate, therefore, to the case of landlord and tenant. The result in either case is to prodicc what is known as a merger, the lesser estate disappearing in the greater^ and thus coming to an end. See Forfeiture; Release; Svrrexuer, .Mso the articles Lease; Leaskholu; Te.nmrr, Consult the authorities appended to the article on Real Property, and, in addition, Taylor, The Ameri- can Laic of Lamllord (iinl Tcmint (8th ed„ Bos- ton, 1887) ; MeAdam. Uights, liemcdics. and Liabilities of Landlord and Tenant (.Sd'ed., New York. 1901); Fawcett, Landlord and Tenant (2d ed., London, 1900). LAND OF BEU'LAH. A name occurring in Isaiah Ixii, 4, and given in Bunyan's Pilgrim's J'rogress to the region of peace where the pil- grims rest after their journey until called to cross the river of Death to the Celestial City; it typifies the Christian peace of mind after the trials of this life, LAND OF NOD. . humorous application to the state of sleep of the name of the land men- tioned in Genesis iv,, where Cain dwelt after the murder of Abei. LANDOIS, laN'dwa', Hermann ( 18.3.'}- 1902). A German naturalist. He was born at Miinster, and educated there for the priesthood, which he entered in 18.59, but afterwards left to devote himself to scientific study and the popular pre- sentation of natural history. He was made pro- fessor of zoiilogj' at the Academy of Miinster (1873), and wrote: Tierstimmen (1874); Lehr- huch der Zoologie. with Altuni (5th ed. 1883) ; Der ilensch iind die drci Reiche der aliir. with Krass, of which part is in the fifth edition (1894). and part in the tenth (1901); and an equally successful Lelirhueh fiir den Vnterricht in der Xaturheschreihuno (.5th and 10th ed. 1894-1901). — His brother. Leonard (1837—), a German physici.an, was born at Miinster, and was educated at Greifswald, where he took his degree in 1863. and became professor of physi- ology in 1872. He wrote on the blood, the pulse, and transfusion: on optical phenomena and elec- tro-magnetism: and published a valuable and successful Lehrbnch der Phi/siolofjie (10th ed. 1899). LANDON, lax'dox', Charles Pail (1700- l.*-2G), A French painter and author, born at Xonant (Orne), He studied vmder Regnault. and won the Prix de Rome in 1792, He became suc- cessively painter to the Duke de Berri, corre- sponding member of the Institute, and conserva- tor of the Louvre, .mong his many works are: Vie et eeuires des peintres les plus cH^hres des arts (25 vols,, 1803-24) : Deseription de Paris