GROUND See also:

• RENT

RENT  . In See also:

• ROMAN

Roman See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, ground See also:

• RENT

rent (solarium) was an See also:

• ANNUAL

annual rent payable by the lessee of a superficies or perpetual See also:

• LEASE (derived through the Fr. from the Lat. laxare, to loosen)

lease of See also:

• BUILDING

building See also:

• LAND

land . In See also:

• ENGLISH

English law, it appears that the See also:

• TERM

term was at one See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time popularly used for the houses and lands out of which ground rents issue as well as for the rents themselves (cf . Maundy v . Maundy, 2 See also:

• STRANGE, SIR ROBERT (1721-1792)

Strange, Iwo); and See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

Lord See also:

• ELDON, JOHN SCOTT

Eldon observed in 1815 that the context in which the term occurred may materially vary its meaning (See also:

• STEWART, ALEXANDER TURNEY (1803-1876)
• STEWART, BALFOUR (1828-1887)
• STEWART, CHARLES (1778–1869)
• STEWART, DUGALD (1753-1828)
• STEWART, J
• STEWART, JOHN (1749—1822)
• STEWART, JULIUS L
• STEWART, SIR DONALD MARTIN (1824–19o0)
• STEWART, SIR HERBERT (1843—1885)
• STEWART, SIR WILLIAM (c. 1540—c. 1605)
• STEWART, STUART
• STEWART, WILLIAM (c. 1480-c. 1550)

Stewart v . Alliston, I Mer . 26) . But at the See also:

• PRESENT

present time the accepted meaning of ground rent is the rent at which land is let for the purpose of improvement by building, i.e. a rent charged in respect of the land only and not in respect of the buildings to be placed thereon . It thus conveys the See also:

• IDEA (Gr. Ibia, connected with i&eiv, to see; cf. Lat. species from specere, to look at)

idea of something See also:

• LOWER

lower than a See also:

• RACK

rack rent (see RENT); and accordingly if a vendor described See also:

• PROPERTY

property as property for which he paid a " ground rent," without any further explanation of the term, a purchaser would not be obliged to accept the property if it turned out to be held at a rack rent . But while a rack rent is generally higher in amount than a ground rent, the latter is usually better secured, as it carries with it the reversionary See also:

• INTEREST

interest in buildings and improvements put on the ground after the date at which the ground rent was fixed, and accordingly ground rents have been regarded as a See also:

• GOOD, JOHN MASON (1764-1827)

good investment . Trustees empowered to invest See also:

• MONEY

money on the See also:

• SECURITY (Lat. securus, free from care, safe)

security of See also:

• FREEHOLD

freehold or See also:

• COPYHOLD

copyhold hereditaments, may invest upon freehold ground rents reserved out of See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

house property . In estimating the amount that may be so invested, See also:

• ACCOUNT
• ACCOUNT (through O. Fr. acont, Late Lat. comptum, cornputare, to calculate)

account may be taken of the value of the houses, as, if the ground rents are not paid, the landlord can re-enter .

Again, where a See also:

• SETTLEMENT
• SETTLEMENT, ACT OF

settlement authorizes trustees to See also:

• PURCHASE

purchase lands or hereditaments in See also:

• FEE

fee-See also:

• SIMPLE

simple or See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession, a purchase of freehold ground rents has been held to be proper . A devise of " ground rent " carries not only the rent but the reversion . Where a See also:

• TENANT (from Lat. tenere, to hold)

tenant is compelled, in See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order to protect himself in the enjoyment of the land in respect of which his rent is payable, to pay ground rent to a See also:

• SUPERIOR

superior landlord (who is of course in a position to distrain on him for it), he is considered as having been authorized by his immediate landlord to apply his rent; due or accruing due, in this manner, and the See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

payment of the ground rent will be held to be payment of the rent itself or See also:

• PART

part of it . A See also:

• LODGE
• LODGE, EDMUND (1756-1839)
• LODGE, H
• LODGE, HENRY CABOT (1850– )
• LODGE, SIR OLIVER JOSEPH (1851– )
• LODGE, THOMAS (c. 1558–1625)

lodge; should make any payment of this See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character under the Law of See also:

• DISTRESS

Distress See also:

• AMENDMENT (through the O. Fr. amender, to correct, from Lat. mendum, a fault)

Amendment See also:

• ACT (Lat. actus, actum)

Act 1908 (s . 3; and see RENT) . Ground rents are apportionable (see See also:

• APPORTIONMENT
• APPORTIONMENT (Fr. apportionement; Med. Lat. apportionamentum; derived from Lat. portio, share)

APPORTIONMENT) . In Scots law, the term " ground rent " is not employed, but its See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place is taken, for See also:

• PRACTICAL

practical purposes, by the " ground-annual, " which bears a See also:

• DOUBLE
• DOUBLE (from the Mid. Eng. duble, the form which gives the present pronunciation, through the Old Er. duble, from Lat. duplus, twice as much)

double meaning . (i.) At the time of the See also:

• REFORMATION
• REFORMATION, THE

Reformation in See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland, the lands of the See also:

• CHURCH
• CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
• CHURCH, FREDERICK EDWIN (1826-1900)
• CHURCH, GEORGE EARL (1835–1910)
• CHURCH, RICHARD WILLIAM (1815–189o)
• CHURCH, SIR RICHARD (1784–1873)

Church were parcelled out by the See also:

• CROWN

crown into various lordships—the grantees being called Lords of Erection . In the 17th See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century these Lords of Erection resigned their superiorities .to the crown, with the exception of the See also:

• FEU

feu-duties, which were to be retained till a See also:

• PRICE
• PRICE, BARTHOLOMEW (1818–1898)
• PRICE, BONAMY (1807-1888)
• PRICE, RICHARD (1723-1791)

price agreed upon for their redemption had been paid . This reserved See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power of redemption was, however, resigned by the crown on the See also:

• EVE

eve of the See also:

• UNION
• UNION (known locally as Union Hill and officially as Town of Union)

Union and the feu-duties became payable in See also:

• PERPETUITY (Lat. perpetuus, continuous)

perpetuity to the Lords of Erection as a " ground-annual." (ii.) Speculators in building ground usually See also:

• GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
• GRANT, ANNE (1755-1838)
• GRANT, CHARLES (1746-1823)
• GRANT, GEORGE MONRO (1835–1902)
• GRANT, JAMES (1822–1887)
• GRANT, JAMES AUGUSTUS (1827–1892)
• GRANT, ROBERT (1814-1892)
• GRANT, SIR ALEXANDER
• GRANT, SIR FRANCIS (1803-1878)
• GRANT, SIR JAMES HOPE (1808–1895)
• GRANT, SIR PATRICK (1804-1895)
• GRANT, U
• GRANT, ULYSSES SIMPSON (1822-1885)

grant sub-feus to builders at a high feu-See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty . But where sub-feus are prohibited—as they might be, See also:

• PRIOR (from Lat. prior—former, and hence superior, through O. Fr. priour)
• PRIOR, MATTHEW (1664-1721)

prior to the See also:

• CONVEYANCING

Conveyancing (Scotland) Act 1874—and there is much demand for building ground, the feuars frequently stipulate for an annual rent from the builders rather than for a price payable at once . This annual rent is called a " ground-annual.' Interest is not due on arrears of ground-annuals .

Like other real burdens, ground-annuals may now be freely assigned and conveyed (Conveyancing (Scotland) Act 1874, s . 30).- The term " ground rent " in the English sense does not seem to be generally used in the See also:

• UNITED

United States, but is applied in See also:

• PENNSYLVANIA
• PENNSYLVANIA, UNIVERSITY OF

Pennsylvania to a See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind of See also:

• TENURE (Fr. tenure, from Lat. tenere, to hold)

tenure, created by a grant in fee simple, the grantor reserving to himself and his heirs a certain rent, which is the interest of the money value of the land . These " ground rents " are real See also:

• ESTATE (through O. Fr. estat, mod. flat, from Lat. status, state, condition, position, stare, to stand)

estate, and, in cases of See also:

• INTESTACY (Lat. intestates, one who has not made a will, from testari, to, bear witness)

intestacy, go to the See also:

• HEIR (Lat. heres, from a root meaning to grasp, seen in heres or erus, master of a house, Gr. xeip, hand, Sans. hat ana, hand)

heir . They are rent services and not rent charges—the See also:

• STATUTE

statute Quia Emptores never having been in force in Pennsylvania, and are subject to all the incidents of such rents (see RENT) . The grantee of such a " ground rent " may See also:

• MORTGAGE

mortgage, sell, or otherwise dispose of the grant as he pleases; and while the rent is paid the land cannot be sold or the value of the improvements lost . A ground rent being a freehold estate, created by See also:

• DEED (in O. Eng. dead, from the stem of the verb " to do ")

deed and perpetual in duration, no presumption could, at See also:

• COMMON

common law, arise from See also:

• LAPSE (Lat. lapses, a slip or departure)

lapse of time, that it had been released . But now, by statute (Act of 27th of See also:

• APRIL

April 1855, s . 7), a presumption of See also:

• RELEASE (O.Fr. reles, variant of relais, from relaisser, to release, let go, Lat. relaxare)

release or extinguishment is created where no payment, claim or demand has been made for the rent, nor any See also:

• DECLARATION (from Lat. declarare, to make fully clear, clams)

declaration or See also:

• ACKNOWLEDGMENT (from the old acknow, a compound of on- and know, to know by the senses, which passed through the forms oknow, aknow and acknow; acknowledge is formed on analogy of " knowledge ")

acknowledgment of its existence made or given by the owner of the premises subject to it, for the See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period of 21 years . Ground rents were formerly irredeemable after a certain time . But the creation of irredeemable ground rents is now forbidden (Pennsylvania Act 7 See also:

• ASSEMBLY, UNLAWFUL

Assembly, 22nd of April 185o) . For English Law see Foa, Landlord and Tenant (3rd ed., See also:

• LONDON

London, 19oi); Scots Law, See also:

• BELL
• BELL, ALEXANDER MELVILLE (1819—1905)
• BELL, ANDREW (1753—1832)
• BELL, GEORGE JOSEPH (1770-1843)
• BELL, HENRY (1767-1830)
• BELL, HENRY GLASSFORD (1803-1874)
• BELL, JACOB (1810-1859)
• BELL, JOHN (1691-178o)
• BELL, JOHN (1763-1820)
• BELL, JOHN (1797-1869)
• BELL, ROBERT (1800-1867)
• BELL, SIR CHARLES (1774—1842)

Bell's Principles (loth ed., See also:

• EDINBURGH

Edinburgh, 1899); See also:

• AMERICAN

American Law, See also:

• BOUVIER, JOHN (1787—1851)

Bouvier, Law Dict . (See also:

• BOSTON
• BOSTON, THOMAS (1676-1732)

Boston and London, 1897) .

(A . W .