Hare v Burges
| Jurisdiction | England & Wales |
| Judgment Date | 12 November 1857 |
| Date | 12 November 1857 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 19
HIGH COURT OF CHANCERY
S. C. 27 L. J. Ch. 86; 3 Jur. 1294; 6 W. R. 144. See Swinburne v. Milburn, 1884, 9 App. Cas. 850.
Lease. Perpetual Renewal. Covenant for.
[45] hare v. burges. Nov. 11, 12, 1857. [S. C. 27 L. J. Ch. 86; 3 Jur. 1294; 6 W. E. 144. See Swinburne v. Milburn, 1884, 9 App. Cas. 850.] Lease. Perpetual Renewal. Covenant for. Although, primA facie, a lessor shall not be taken to have intended to enter into a covenant for perpetual renewal, yet if there be in the lease expressions indicative of such an intention, the Court will give effect thereto. Lease for lives, with a covenant on the death of either of the cestuis que vie to execute a renewed lease at the same rent and subject to the same covenants ; including this present covenant:" Held, a covenant for perpetual renewal, and lessee entitled to have inserted in the renewed lease a covenant for renewal tolidem verbis with that contained in the original lease, but with the name of the new cestui que vie substituted for that of the deceased. Distinction as to the form of the renewed lease, in this respect, where the reversion has become vested in a trustee. By indenture, dated 1836, Paul Lord Methuen granted and demised to Sir John Hare, his heirs and assigns, six acres of land in the City of Bristol, reserving mines and minerals: Habendum to Sir John Hare, his heirs and assigns, for the lives of 20 HARE V. BUBOES 4K.&J.46. Charles Hare, Robert Leonard and Thomas Harris, at the yearly rent therein mentioned. And the said Paul Lord Methuen did thereby, for himself, his heirs, executors and administrators, covenant, grant and agree with and to Sir John Hare, his heirs and assigns, that in case Sir John Hare, his heirs or assigns, should, upon the decease of either of them, the said Charles Hare, Leonard and Harris, be desirous of taking a further or renewed lease of the said demised premises for another life, and should, within the space of twelve calendar months next after such decease, give notice in writing of such desire unto Lord Methuen, or the person or persons for the time being entitled to the reversion of the premises expectant on the determination of the demise thereby made, and should nominate any person in the room or stead of the person who should have so departed this life, [46] Paul Lord Methuen, or the person or persons for the time being entitled as aforesaid, would, at the request and at the costs and charges of Sir John Hare, his heirs or assigns, and on the surrender of the present lease, on payment of the sum of £134:, 5s. by way of fine or premium for such renewal, forthwith duly make and execute unto Sir John Hare, his heirs or assigns, a new and further lease of all and singular the premises thereinbefore demised, for and during the natural life of the person so to be nominated, and the lives of such of them, the said Charles Hare, Leonard and Harris, as should be then living, and of the survivors and survivor of them, at and under the same yearly rent, and with and subject to such and the same covenants, provisoes and agreements, "including this present covenant," as were therein contained. And further, that if, within the said period of twelve calendar months after the decease of any one of them, the said Charles Hare, Leonard and Harris, and before any renewed lease or leases should have been granted of the said demised premises by virtue of the covenant therein contained, any other or others of the said Charles Hare, Leonard and Harris should depart this life, then it should be lawful for Sir John Hare, his heirs or assigns, if he or they should think proper, to add or insert another life or lives in the lease so to be granted as aforesaid in the room of the life or lives which should so drop, he or they paying unto Lord Methuen or the person or persons for the time being entitled as aforesaid, within the said period of twelve calendar months after the dropping of the first life, the further sum of £134 5s. in respect of the said life or each of the said lives, as the case might be, which should be so inserted in the said lease, it being the intention of the said parties that Sir John Hare, his heirs or assigns, should not be obliged, unless he or they should think proper, provided he should renew within the period aforesaid, to incur the expenses of a further or additional lease or leases [47] in respect of the said second and third lives dying as aforesaid; provided nevertheless, that in case Sir John Hare, his heirs or assigns, should neglect or refuse within the space of twelve calendar months next after the decease of such one of them, the said Charles Hare, Leonard and Harris as should first die to give unto Lord Methuen or the person or persons for the time being entitled as aforesaid, or leave far him or them at his or their dwelling-house or respective dwelling-houses, notice in writing of his or their desire to renew the said lease, naming one or more person or...
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