I, Albert Jones, of the City of Ithaca, County of Tompkins, and State of New York, Do Hereby Certify, That a certain Indenture of Mortgage, bearing date the October in the year One thousand made and executed by Thomas Powers, of George Hatch, of the second part, third day of: nine hundred and one 141. and recorded in the office of the Clerk of the County State of New York, in Liber. on the -third day of 456. October, .of Mortgages, page: 190...at two ...o'clock.. P. M., which said mortgage was duly assigned to me by the said George Hatch, the mortgagee above named, by assignment dated the third day of April, 1903, and recorded in the Clerk's office of Monroe County, State of New York, in Liber 460 of Mortgages, at page 210, on the third day of April, 1903, at four o'clock, P.M. bond is, together with the secured thereby, fully paid, satisfied and discharged. } day of: Albert Jones February - before me, in the year One thousand the subscriber, personally to me personally known to be described in and who executed the foregoing instrument, acknowledged to me that he executed the same. Joseph Paul Notary Public for Tompkins County, New York. If the mortgage is not paid when due, the mortgagee or assignee may foreclose it and sell the land to pay the debt, interest, and costs, any residue above this going to the mortgagor. The mortgage may give a power of sale without requiring the mortgagee to resort to a judicial proceeding for foreclosure. If the land does not sell for enough to pay the debt, a judgment may be had against the mortgagor for the deficiency in case he has also given a note or bond or has undertaken a personal liability. 174. Liens on real property. In some states an unpaid vendor of land has a lien on the land for the unpaid purchase money. In many states one who makes improvements on lands believing them to be his, and who is afterwards ejected by one having a better title, is allowed a lien on the lands for the betterments. Statutes often provide for a lien in favor of unpaid mechanics who have performed labor upon buildings, or in favor of those who have furnished material for them. A judgment against a person rendered in a federal court is a lien on all the lands of the judgment debtor situated in the state in which it is rendered. A judgment in a state court is a lien on the lands of the judgment debtor situated in any county of that state in which such judgment is docketed. In most states taxes on a particular piece of land constitute a lien on the land until paid. Before purchasing land one should have all the records carefully searched in order to ascertain whether the vendor's title is good and whether any liens are recorded against the property. An abstract of title is usually furnished by the vendor showing all instruments of record affecting the title; this should be examined by the vendee's attorney, and his certificate that it discloses a good title should be attached. VI. LANDLORD AND TENANT 175. The lease and its covenants. Estates for years have already been explained (see sec. 158). The relation of landlord and tenant or lessor and lessee is created by a lease, which conveys an estate for years to the tenant and leaves a reversion in the landlord. By the Statute of Frauds all leases for more than a specified number of years must be in writing; in many states the specification is three years, but in some it is one year. A lease need not, however, be under seal. The estate in the lessee is not created until he enters under the lease, that is, he could not bring an action as owner of an estate, although he has, of course, his contract right against the lessor for a refusal to allow him to take possession, and is himself liable as for rent if he refuses to enter. When he enters he has thereafter the exclusive right to possession during the life of the lease, and may maintain an action against any one who injures the property. If the wrongdoer also injures the reversion, the landlord may have his action as well. A lease is in form a conveyance of lands for a term of years or at will, in consideration of a return of rent or other recompense. The person conveying is called the lessor, and the person receiving the conveyance is called the lessee. The words. of conveyance are usually "grant," "demise," "lease," "let," but any words expressive of an intention to transfer possession are sufficient. Any express covenant upon which the parties agree may be inserted in a lease. Those almost always present are the lessee's covenant to pay rent, a covenant that one party or the other will pay taxes and assessments, and the lessee's covenant to surrender the premises in good condition at the end of the term. Other express covenants may be that the lessor will repair buildings or renew the lease, or that the lessee will repair, or not assign or sublet, and the like. Words not plainly expressive of a covenant may be construed to indicate an intention to make one. The implied covenants are that the lessor has the right to make the lease and that the lessee shall have quiet enjoyment of the premises. These covenants mean that the lessee shall not be disturbed by the lessor or any one claiming superior title; the lessor does not warrant the lessee against the acts of trespassers or other wrongdoers. In Consideration of the rents and covenants hereinafter expressed, the said party of the first part has Demised and Leased, and does hereby demise and lease to the said party of the second part.: the following premises, viz. : a dwelling house situated on the east side of Park Street, between Allen Street and North Street and known as 124 Park Street, Batavia, New York. first day of one year with the privileges from 190 4, which term will And the said that he will pay to the party of the first monthly. rent of and appurtenances, for and during the term of. advance. Dollars ($40.00. -.), to be paid monthly in And Provided, said party of the second part shall fail to pay said rent, or any part thereof, when it becomes due. it is agreed that said party of the first part may sue for the same, or reënter said premises, or resort to any legal remedy. The part y of the. first part agree s to pay all: taxes to be assessed on said premises during said term..except the water tax. The party of the second part covenants that at the expiration of said term he will surrender up said premises to the party of the first part in as good condition as now, necessary wear and damage by the elements excepted. Witness the hands and seals of the said parties the day and year first above written. John Richards Henry Jackson SEAL SEAL 176. Defects, repairs, and waste. The law is not very favorable to the lessee as regards defects, repairs, or the cutting of timber or the working of mines. He has but a temporary interest and must use the property so as not to decrease the value of the reversion. 1. Defects. Except so far as there are express covenants in the lease to the contrary, the lessee takes the premises in the condition in which they are when the lease is executed. There is no implied covenant that they are in good condition or fit for occupation. There are two exceptions to this rule. (a) The lessor is liable if, known to him, the premises contain some concealed and dangerous defect which the tenant could not observe and which works him an injury, as, if the concealed portions of a building be dangerously defective or if the building has been infected with the germs of some dangerous disease. (b) In England and in some states it is held that in the lease of a furnished house there is an implied covenant or condition that it shall be habitable. 2. Repairs. The tenant is bound, unless otherwise stipulated, to make repairs to an extent necessary to return the premises in substantially the same condition as when he received them, ordinary wear and tear excepted. To this end he is entitled to estovers, that is, to take from the premises timber needed for repairs. The common law compelled him to restore buildings destroyed by accident or fire, but in many states this harsh rule has been changed. 3. Waste. The tenant cannot commit waste, that is, he cannot cut trees (except for estovers for repairs and for fuel), tear down buildings, open mines, take clay or sand, or otherwise substantially injure the freehold. He may work mines already opened unless restrained by his lease. A tenant committing waste is liable in treble damages, and in some states forfeits his lease. He may also be enjoined by an equity court from continuing to commit waste. 4. Title. The tenant cannot deny his landlord's title while in possession under the lease. It would be a fraud on the landlord for a tenant to get possession under a lease and then set up an adverse claim to the premises. |