(r) Above, p. 522.

(s) Above, p. 521.

The purchaser must further ascertain that the possession or enjoyment of the land sold is in accordance with the title shown. For this purpose he should make inquiries of all tenants or occupiers of the property sold or any part thereof as to the nature and extent of their interest therein. For if he have notice of a tenancy of any part of the property, he will be affected with notice of all rights or equities of the tenant against the vendor with regard not only to the lease (u), but also to all collateral matters (x); as, for instance, if the tenant should have an agreement or option to purchase the demised premises (y), or the timber growing thereon (2), or if the property sold belonged in equity to a partnership firm, of which the vendor was a member (a), and were in the occupation of the firm (b). So actual knowledge that the rents are paid to some person, whose title is inconsistent with the vendor's, is constructive notice of that person's rights: but mere knowledge that the rents are paid to an estate agent does not affect the purchaser with any notice or put him upon inquiry (c). As we have seen (d), where the property sold is a reversion expectant on a leasehold interest yielding rent, the purchaser should ascertain that the tenant is paying his rent to the vendor. And where land is sold with vacant possession to be given on completion of the purchase, the purchaser should ascertain that the vendor himself, or some person who makes no claim adverse to the vendor's title and will undertake to give up possession according to the contract of sale, is in occupation thereof (e). As has been already mentioned (f), it is possible that a person may be in possession of the property sold by virtue of a writ of elegit actually executed but not registered, or that a tenant may be paying his rent to a receiver appointed under an unregistered order made by way of equitable execution; and in such cases the purchaser may be bound by the writ or order if he have notice of it. The purchaser should also carefully inspect the whole of the property sold and have it surveyed prior to completion, and should make inquiry of the tenants or occupiers with respect to the boundaries or other matters regarding the physical condition of the property. For if by reason of any material defect of quantity or otherwise the property sold do not correspond with the description of it given in the contract, or in any representation which induced the purchaser to make the contract, and the error be caused by the innocent misrepresentation of the vendor and not by fraud, the purchaser will be entitled to resist the specific performance of or to rescind the contract, while it remains uncompleted (g): but when the contract has been fully performed, the purchaser will not be entitled to any relief in respect thereof (h), except (1) by virtue of .111 express agreement contained in the contract to make compensation for such errors (i), or (2) if the defect be really a defect of title and compensation be recoverable under the covenants for title contained in the conveyance (k.), or (3) if the representation amounted to a warranty, collateral to the contract for sale, of the truth of the fact stated (l). Here it may be mentioned that if a man buy land without inspecting it, he does so at his own risk and must accept without compensation any defects in the physical condition of the property which are patent to any one who views it and are not inconsistent with the description contained in the contract for sale; as where a meadow sold is obviously crossed by a public footpath (m), or a house sold is plainly out of repair (n). But a man may decline to perform the contract on account of defects which are latent, or not discoverable by inspection, if they interfere materially with the enjoyment promised to him by the contract; as where a pathway across a field adjoining a private dwelling-house is subject to an easement of way, not disclosed by the contract, in favour of an adjoining landowner (o); and this is the case whether the purchaser actually inspect the property sold or not, and notwithstanding that the contract provide that, the property being open to inspection, the purchaser shall be deemed to buy with full knowledge of the actual quantities and condition thereof (p). Such a stipulation may, however, in some cases prevent the purchaser from raising objections to defects discoverable by a careful survey, though not by a mere casual view of the property (q). As we have seen (r), if a man buy land with notice that a good title cannot or will not be made in some particular, he is precluded from objecting in this respect to the title shown, unless the vendor have by the contract of sale expressly agreed to make a good title. This doctrine may prevent a purchaser buying land with notice of physical defects, which would otherwise constitute a ground for refusing to perform the contract, from objecting to the title on that account; and may also preclude him from avoiding the contract, where the vendor has made an innocent misrepresentation as to the property sold, but the purchaser bought with notice of the true state of the facts (s).

Ascertaining' that pension is in accordance with the title.

Inquiry of tenants and occupiers as to their interest.

(t) See Sheffield Waterworks Co. v. Wilkinson, 4 0. P. D. 410, 422, 424; East London Water-works Co. v. Kellerman, 1892, 2

Q. B. 72; Cannon Brewery Co. v. Gas Light and Coke Co., 1904, A. C. 331.

Sec Caballero v. Henty, L. R. 9 Ch. 447. 149.

Barnhart v. Greenshields, 9 .

Moore, P. C. 18, 32; Hunt v.

Luck, 1901. 1 Ch. 45, 49, 1902, 1 Ch. 428. 432.

(y) Daniels v. Davidson, 16 Ves. 249, 17 Ves. 433.

(z) Allen v. Anthony, 1 Mer. 282.

(a) See above, p. 465.

(b) Cavander v. Bulted, L. R. 9 Ch. 79.

(c) Hunt v. Luck, 1901, 1 Ch. 46, 1902, 1 Ch. 428 w.

Inspection and survey of the property.