Online Encyclopedia

AND TENANT

Online Encyclopedia
Originally appearing in Volume V09, Page 138 of the 1911 Encyclopedia Britannica.
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AND TENANT.) In Scotland, the recovery of land is effected by an action of " removing " or summary ejection. In the case of a tenant " warning " is necessary unless he is bound by his lease to remove without warning. In the case of possessors without title, or a title merely precarious, no warning is needed. A summary process of removing from small holdings is provided for by Sheriff Courts (Scotland) Acts of 1838 and 1851. In the United States, the old English action of ejectment was adopted to a very limited extent, and where it was so adopted has often been superseded, as in Connecticut, by a single action for all cases of ouster, disseisin or ejectment. In this action, known as an action of disseisin or ejectment, both possession of the land and damages may be recovered. In some of the states a tenant against whom an action of ejectment is brought by a stranger is bound under a penalty, as in England, to give notice of the claim to the landlord in order that he may appear and defend his title. In French law the landlord's claim for rent is fairly secured by the hypothec, and by summary powers which exist for the seizure of the effects of defaulting tenants. Eviction or annulment of a lease can only be obtained through the judicial tribunals. The Civil Code deals with the position of a tenant in case of the sale of the property leased. If the lease is by authentic act (acte authentique) or has an ascertained date, the purchaser cannot evict the tenant unless a right to do so was reserved on the Iease (art. 1743), and then only on payment of an indemnity (arts. 1744-1747). If the lease is not by authentic act, or has not an ascertained date, the purchaser is not liable for indemnity (art. 1750). The tenant of rural lands is bound to give the landlord notice of acts of usurpation (art. 1768). There are analogous provisions in the Civil Codes of Belgium (arts. 1743 et seq.), Holland (arts. 1613, 1614), Portugal (art. 1572); and see the German Civil Code (arts. 535 et seq.). In many of the colonies there are statutory provisions for the recovery of land or premises on the lines of English law (cf. Ontario, Rev. Stats. 1897, c. 170. SS. 19 et seq.; Manitoba, Rev. Stats. 1902, c. 1903). In others (e.g. New Zealand, Act. No. 55 of 1893, ss. 175-187; British Columbia, Revised Statutes, 1897, c. 182; Cyprus, Ord. 15 of 1895) there has been legislation similar to the Small Tenements Recovery Act 1838.
End of Article: AND TENANT
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