Milford chronicle., 1905-04-21
POPULAR TALKS ON Law.
The Law Relating to Landlord and
Tenant.

realize the extent OF theirlrights and Obliga
tions, even where they have agreed to tn
terms OF lease and afi xed their signature
thereto. Perhaps still smaller number o
tenants who occupy leased premises on yer
bal terms, or upon practically no expressed
conditions, understand the law governing tn,
relation existing between them and theii
landlords.
Nearly every one is either landlord or
tenant; this together with the fsct that the
questions arising between the two are many
and various, makes some plain talk on the
subject desirable
There are two terms usually found in leases
that perhaps need simple definitions before
proceeding to use them These terms are
"appurteDance' and easement" An appur-
tenance Is that which belongs to something
else; something accessory to something else.
II is always something OF less Importance
than that TO which il appertains or belongs,
as, trees are appurtenant to the soil. An
easement is a right or privilege which one
/ has In the estate OF another, distinct from the
ownership OF the soil, as where one owns a
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. II one rents a piece OF
ground,and nothing is stated to the contrary
in the lease. everything appertaining to the
soil goes with the soil; as houses, barns, fences,
trees, shrubbery, ETC.; but not things OF
temporary natUre, not belonging to the soil,
as agricultural implements, domestic ami
mails, etc. Then, too, this is so in the case
OF a sale or a lease, whether the lease OF deed
so states or not. A mere verbal lease, not
specifying the appurtenances, will besufiicient
to eEtitle the lessee to their possession snd
use. Under no circumstances may the lessor,
after the lessee has taken possession enter to
remove appurtenances, and his attempt 10 do
so makes him a trespasser and lays him liza
BILE TO an action for trespass. Where one has
leased premises to another and fails to give
him possession OF all the premises leased, In |
Guiding the appurtenances, the lessee is under |
no obligation TO accept part, but may aban-
don all without liability for damages.
The cases that have arisen have grown out
ofthe difficulty in determining what is Rp-
purtenant and what is not appurtenant to
the soil. For instance: A man leased a mill.
There was NO approach TO it from the high
way, excepting over other property belong
ing to the lessor. The courts held that an
approach to the mill from the highway be-
ing necessary to the use OF the mill such right
OF way, or easement, passed with the mill.
In another case, where a mill was leased and
the lessor owned Otker property adjoining
through which the water passed by which
the mill was run,it was held that the lessee OF
the mill had, as an appurtenance to the mill,
The right to a sufficient head Of water In the
1am upon the adjoining land belonging to
bis lessor.
The tenant is entitled to natural accretions
10 the premises as where, by a change in the
course OF "a river, ground was added to leased
premises which frOnted on a river.
Where one leases house, he is entitled to
he lot, outhouses, fences, trees and things OF
like nature, appurtenant thereto. Where
'ne leased a portion ofa tenement house It
vas held that he was entitled, unless he had c
tut himself Off by an agreement from claim
ng them, TO the convenience OF the house,
uch as the use Of the front door and door,
'sll, the customary place for drying clothes,
he water closets, etc.
The question has arisen as o the right of c
me renting premises in business block to T
se the outer walls for signs, and the cases d
ave held that where he has not restricted
lis right by agreement, he is entitled to such o
Sc Of the walls.
Many landlords are not aware that, unless II
he provisions Of the lease be broken by the d
snant, they have no more right to enter the a
remises OF their tenants than have strang-
RS. A landlord who tiers and attempts to p
smOve Il plant or make alterations, even 81
nough the alterations are to his mind bene- p
cial TO the Irsmlses, or to put up signs, is
uilty OF a trespass where under like circum- N
aucee a gfranoar tvOuld he entity n
1.-THE tenant abandons the premises before
ie expiration OF his term the landlord has q,
ght TO re-enter. But where the landlord =,
aims there has been forfeiture for the nom =,
ayment Of rent, he must, before a re-entry. o.
sure to comply with all the formalities OF 70
le l"w, as, by making a demand for the =,
mount ofrent due, on the last dav, on the
'en'ises. and at a convenient time before 10
inset. II the tenant has agreed to pay o.
xes and has not done so, before the landlord =,
n re-enter he H. ust demand the payment OF -
10 taxes within the period required by law %
other words the landlord, before re-entry "a,
r breach ofcOntract, must be careful to
IMPLY with the statutory and common law 81
quirements in bis State. The landlord may
Ter to make repairs when he has agreed 10 w
8 lease TO make them, or he may enter to y,
mand rent that is due In a Kansas case
was held that II after the tenant had re- -
sed to pay the rent and had begun to move, ra
9 landlord moved out the rest OF the ten ne
rs things and took possession, the tenant th
d no cause for action. fl
Where enc has given a lease to another q
thout excepting any rights or privileges to vc
nself other than the payment OF the rent, a.
has practically sold and convey ed the rT
,mises to the tenant for the time stated in -
, lease, and he has no more right to inter re
e during the term Of the lease with the ID
ianrs peaceable enjoyment OF the prem ra
s than be would have to enter the premises Pa
'ne to whom he has given a deed. ril
n our next we shall discuss the tenants do
ht to make alterations, and the matter OF he
use OF the premises for purposes other ~
IN those agreed upon.
y Willi.m c. Sprague. President The Se
prague Correspondence School OF Law. Br'
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