The Law Relating to Particulars And Conditions of Sale On a Sale of Land

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On the sale of leaseholds, the title must commence with the lease, however old {FreiulY. Buek/ei/, L. E. 5 Q. B. 213), though the title subsequent thereto need not be traced for more than the forty years next preceding the contract of sale. On the sale of property held under a lease or sub-lease less than forty years old, it is sufficient to commence with the lease or sub-lease. " Under a contract to grant or assign a term of years, whether derived or to be derived out of a freehold or leasehol
...d estate, the intended lessee or assign shall not be entitled to call for the title to the freehold" : Vendor and Purchaser Act, 1874, s. 2, rule 1. " Under a contract to sell and assign a term of years derived out of a leasehold interest in land, the intended assign shall not have the right to call for the title to the leasehold reversion " : Conveyancing Act, 1881, s. 3 (1). These two enactments do not alter the law with regard to a lease for lives, nor do they touch the case of a contract to (/rant an underlease.

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