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Show THE LAW RELATING TO LAXDLOPD AXD TENANT. Few landlords, and perhaps fewer tenants, realize real-ize the exent of their rights and obligations, even where they have agreed to the terms of a lease and affixed their signatures thereto. Perhaps a still I smaller number of tenants who occupy" leased premises on verbal terms, or upon practically no expressed conditions, understand the law governing govern-ing the relation existing between them and their landlords. Nearly every one is either a landlord or a tenant; this, together with the fact that the questions ques-tions arising between the two are many and various, va-rious, makes some plain talk on the subject desirable. desir-able. There are two terms usually found in leases that perhaps need simple definitions before proceeding pro-ceeding to use them. These terms are "appurtenance" "appurten-ance" and "easement." An appurtenance is that which belongs to something else; something accessory acces-sory to something else. It is always something of less importance than that to which it appertains apper-tains or belongs, as, trees are appurtenances to the soil. An easement is a right or privilege which one has in the estate of another, distinct from the ownership of the soil, as where one owns a right of way over land of another, or where one has the right of fishing in another man's- stream. ' Now, we will be understood when we say that whatever is appurtenant to leased land goes with ir; so that, it one rents a piece of ground, and nothing is stated to the contrary in the lease, everything appertaining to the soil goes with the soil, as houses, barns, fences, trees shrubbery, etc.; but not- things of a temporary nature, not belonging belong-ing to the soil, as agricultural implements, domes-tie domes-tie animals, etc. Then, too, this is so in the case of a sale or a lease, whether the lease or deed so states or not. A mere verbal lease, not specifying the appurtenances, will be sufficient to entitle the lessee to their possession and use. Under no circumstances cir-cumstances may the lessor, after the lessee has taken possession, enter to remove appurteances, and his attempt to do so makes him a trespasser and lays him liable to an action for trespass. Where one ,has leased premises to another and fails to give him possession of all the premises leased, in-, eluding the appurtenances, the lessee is under no-obligation no-obligation to accept a part, but may abandon all without liability for damages. The cases that have arisen have grown out of the difficulty in determining what is appurtenant and what is not appurtenant to the soil. For instance: in-stance: A man leased a mill. . There was no approach ap-proach to it from the highway, excepting over other property belonging to the lessor. The courts held that an approach to the mill from the highway high-way being necessary to the use of the mill, such right of way, or easement, passed with the mill. In another case, where a mill was, leased and the lessor les-sor owned other property adjoining through which the water passed by which the mill was run, it was held that, the lessee of the. mill had, as an appurtenance appur-tenance to the mill, the right to a sufficient head of Avater in the dam upon the adjoining land belonging be-longing to his lessor. The tenant is entitled to natural accretions to the premises as where, by a change in the course of a river, ground was added to leased premises which fronted on a river. Where one leases a house, he is entitled to the lot, outhouses, fences, trees and things of a like nature appurtenant thereto. Where one leased a portion of a tenement house, it was held that he was entitled, unless he had cut himself off 'by an agreement from claiming them, to the conveniences conveni-ences of the house, such as the use of the front door and doorbell, the customary place for drying clothes, the water closets, etc. The question has arisen as to the right of one .(Continued on -Page 4.) - I i THE LAW RELATING TO LANDLORD AND f TENANT. I ... " - Continued from Page 14) renting premises in a business block to use the j outer walls for signs, and the cases have held tha'. where ho has not restricted his right by agreemen'. he is entitled to such use of the walls. i Many landlords are not aware that, unless the provisions of the lease be broken by the tenant. they have no more right to enter the premises of if their tenants than have strangers. A landlord who enters and attempts to remove a plant or make I alterations, even though the alterations are to his J mind beneficial to the premises, or to put up sign-,- f is guilty of a trespass .where under like circum- f stances a stranger would be guilty. j If a tenant, abandons the premises beforr the j expiration of his term the landlord has a right to j re-enter. But where the landlord claims there lun been forfeiture for the non-payment of rent he f must, before a re-entry', be sure to comply with all the formalities of the law, as. by making a demand 1 for the amount of rent due, on the last day, on tho I premises, and at a convenient time before sunset. '. If the tenant has agreed to pay taxes and has not- j done so. before the landlord can re-enter he must demand the payment of the taxes within the period required by law. In other words, the landlord, be- j fore re-entry for a breach of contract, must be j careful to comply with the statutory and common law requirements in his state. The landlord may j enter to make repairs when he has agreed in his lease to make them, or he may enler to demand rent that is due. In a Kansas case it was held that if after the tenant had refused to pay the rent and had begun to move, the landlord moved out tho I rest of the tenant's things and took possession, tho J I tenant had no cause for act?on. I Where one has given a lease to another without I excepting any rights or privleges to himself ether ; I than the payment of the rent, he has practically I sold and conveyed the premises to the tenant for - J the time. stated iir the lease, and he has no more I right to interfere during the term of the lease with I the tenant's peaceable enjoyment of the premise I that he would have to enter the premises of ods to I whom he has giveA & deed. Tn our next we shall discuss the tenant's right to make alterations, and .the matter of his use of the premises for purposes other than those agreed s upoiu. ....... - |