The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-04-24

expressed conditions, understand the
law governing the relation existing be-
tween them and their landlords.
Nearly everyone is either a landlord
or a tenant; this, together with the
fact that the questions arising between
the two are many and curious, makes
some plain talk on the subject desira-
BILE.
There are two terms usually found
in leases that perhaps need simple def
initions before proceeding to use them.
These terms are "appurtenance" and
easement" An appurtenance is that
which belongs to something else; some
thing accessory to something else. 1t
is always something of less Importance
than that to which is appertains or be-
soil. An easement is a right or privil-
eye which one has in the estate of an
other, distinct from the ownership of
the soil, as where one owns right of
way over land of another, or where
one has the right of fishing in another
mans stream.
Now, we will be understood when we
say that whatever is appurtenant to
leased land goes with it; so that, if one
rents a piece of ground, and nothing is
stated to the contrary in the lease, ev-
erytning appertaining to the soil goes
with the soil, as houses, barns, fences,
shrubbery, etc.; but not things of a
temporary nature, not belonging to the
soil. as agricultural implements, do
nestle animals, etc. Then, too. this Is
so in the cases of a sale or lease,
whether the lease or deed so states or
not. A mere verbal lease, specimy-
ing the appurtenances, will be sufficient
to entitle the lessee to- their possession
and use. Under no circumstances may
the lessor, after the lessee has taken
possession, enter to remove appurten-
ances and mis- attempt to do so makes
him a trespasser and lays MIN llaoie
to an action for trespass. Where one
has leased premises to another ana
fails to give him possession of all the
premises leased, including the appur-
tenances. the lessee is under no obliga-
ton to accept a part, but may aban-
don all without liability for damages.
The cases that have arisen nave
grown out of the difficulty in determln-
ing what is appurtenant and what is
not appurtenant to the soil. For III
stance: A man leased mill. There
was no approach to it from the nigh
way. excepting over other property be-
longing to the lessor. The courts nelo
that an approach to the mill from tne
highway being necessary to the use VI
the mill. such right of way, or easement
passed with the mill In another Case
where a mill was leased and the lessor
owned other property ADJOINING
!
which the mill was run, it was neio
that the lessee of the mill hao' DIS ai
maintenance to the mill, the right 10
a sufficient head of water IN the oaii
upon the adjoining land belonging 10
his lessor.
Tb., tenant is entitled to natural ac-
cretions to the premises as wnere' NY
a change in the course OF riVei'
ground was added to leased premises
which fronted on a river.
Where one leases house. ne Is en-
titled to the lot, outhouses, fences' trees
and things of a like nature, appurteh-
ant thereto. Where one leased por-
tion of a tenement house, 1t was heiu
that ne was entitled, unless he had cut
himself off by an agreement 1ro"
claiming them, to the convenieiiceS -
the house, such as the use OF the lroh'
door and doorbell, the customary place
Gov driving clothes. the water closets
etc.
The question has arisen as 70 Inc
riob+ of one renting premises in ousi-
ness block to use the outer wails ioi
s;ens and the cases nave neio 'iid'
where he has not restricted his rish'
NV agreement. he is entitled to sucn
use of the walls.
Many landlords are not aware 'na'