Lease in Perpetuity – Singular Successor – Homologation – Irritancy. – A lease was granted to a party, and his heirs and assignees, for nineteen years after the death of a party; and after the expiry of these nineteen years, for a second nineteen years, and after the expiry of the second nineteen years’, for the space of other nineteen years, and so forth from nineteen years to nineteen years, so long as the said party and his heirs and successors shall desire to possess. The lease had no definite ish, and the tenant was bound to pay for each nineteen years an entry or grassum duty to the landlord. This lease having been sought to be reduced by a singular successor, after he had for some years received rents under this lease. Held, that it was a good lease, and affirmed in the House of Lords. The lease contained a clause providing, that if two years rent ran into the third unpaid, the lease was to be forfeited. Objection on this ground repelled.
[1772] UKHL 3 – Paton – 666
Bailii
Scotland
Landlord and Tenant
Updated: 13 January 2022; Ref: scu.561690