Purchaser to give the usual covenant of indemnity.

And execute at his own expense a duplicate of the conveyance.

Sale of land held by underlease.

(b) See below, Chap. X. Sec. 2; 1 Key & Elph. Prec. Conv. 259, n. (e), 8th ed.

(c) See below, Chap. XII. Sec.3.

(d) It is thought that, in the absence of special stipulation, a vendor of leaseholds would be entitled to require a duplicate of the conveyance to be executed and handed over to him, but would have to bear the expense of engrossing and stamping it. The rule appears to be that any party to a contract for sale of land, to whom any benefit is to be assured by the conveyance, is as regards that benefit a purchaser, and is therefore entitled to have a duplicate of the deed of conveyance to keep as evidence of his title, but must therefore himself bear any extra expense occasioned by such conveyance to himself; see above, p. 46; Lift. s. 370; Co. Litt. 2-9a and note. This rule seems to be exemplified in the case of the grant of a lease. when the lessor has to bear the expense of the counterpart; Re Regits, 1895, 1 Ch. 73, 81; Re Gray, 1901, 1 Ch. 239, 243, 244; Re Cohen and Cohen, 1905, 1 Ch. 345, 350. And it is thought that it applies in every case, in which a purchaser of land is bound to enter into a covenant to indemnify the vendor; see below, Chap. XII. Sec. 3.

(e) 1 Key & Elph. Tree. Conv. 266, 267, 8th ed.

(f) See below, Chap. IV. 6 1 i Chap. XII. Sec. 2.

Where the property sold is subject, together with other property, to some rent (whether rent service, rent seek, or rent-charge), it is generally provided, in order to avoid the necessity of the concurrence of the owner of the rent, that the property is sold subject to such rent, and the purchaser shall bear some specified proportion thereof, but shall not require any legal apportionment thereof to be made (h); and the vendor agrees either to covenant to pay and to indemnify the purchaser against payment of the rest of the rent, or to grant to him by way of further indemnity a rent-charge in fee of an amount equal to the remainder of the rent to issue out of other lands belonging to the vendor (i). And where the land sold is subject, together with other land, to a lease reserving rent, it is usual to stipulate that the purchaser shall be entitled to some specified portion of the rent, but shall not require any legal apportionment of the rent to be made (k). Also in the case of the sale of any property, which is from its situation or condition liable to become subject to some charge or to give rise to some liability at the instance of some local authority under some Local Management or Improvement Act, or the Public Health Act, 1870 (/), or the Private Street Works Act, 1892 (m), as for the expenses of paving, sewering, or lighting an adjoining street, or of complying with a "dangerous structure" notice (n), it is not unusual to make a special stipulation with respect to the incidence of the charge or liability (o); and, of course, the stipulation most favourable to the vendor is to cast the burthen of payment on the purchaser, whether the notice or other event, which gave rise to the liability, were served or occurred before or after the sale (p).

Sale of land subject, together with other lands, to some rent.

Sale of land subject, together with other land, to a lease re-serving rent.

Sale of property liable to become subject to some statutory charge at the instance of a local authority.

(g) 1 Key & Elph. Tree. Conv. 271, 4th ed.; 266, 8th ed.; Davidson's Concise Precedents, 115.

18th ed.

(h) As to the apportionment of such rents, see below, Chap. X. Sec. 6.

(i) See below. Chap. XII. Sec. 4; 1 Davidson, Prec. Conv. 544, 684 sq., 4th ed.; 451, 551 sq., 5th ed.:

1 Key & Elph. Prec. Conv. sq., Ith ed.; 339 sq., 8th ed.

(k) See below, Chap. X. Sec. 5; Chap. XII. Sec. 4; 1 Davidson, Prec. Conv. 691, 4th ed.; 558, 5th ed.

(l) Stat. 38 & 39 Vict. c. 55, see ss. 11, 160, 257, and 54 Vict. c. 59, s. 19.

(m) Stat. 55 ft 56 Vict. c. 57. See below, Chap. XI. Sec. 1.

W

Where land is sold by auction in lots, stipulations similar to those set out and discussed above (q), are invariably made (where appropriate), but they are, of course, expressed to bind the purchaser of any lot. There are, however, certain matters for which special provision should be made on a sale of land in lots. Thus it is proper to provide that any documents forming part of the title to several lots shall be retained by the vendor until all those lots have been sold, whether at the auction immediately contemplated or some future sale, and shall then be delivered to the purchaser who shall then have bought the largest part in value of those lots(r). Where leasehold lands held under one lease at one entire rent are sold in lots, it is usual to stipulate that the purchaser of the largest part in value of those lots shall take an assignment of the lease and the purchasers of the other lots shall take underleases at specified rents from him or from the vendor (s). And on the sale in lots of freehold land subject to one entire rent (whether rent service, rent seek, or rent-charge), it is commonly stipulated that all the purchasers shall buy subject to the rent and shall have no right to require it to be legally apportioned; but provisions are made for charging the rent, as between the purchasers, either entirely on one or in specified proportions on more or on all of the lots, and for granting new rent-charges to issue out of the lot or lots so to be charged in order to indemnify any purchaser against having to pay a greater proportion (if any) of the rent than is so agreed to be charged on the lot bought by him (t). When land is put up for sale in lots, as to which it is proposed that the purchasers shall enter into covenants restrictive of the user thereof, then unless the vendor be willing that any lots remaining on his hands unsold shall be subject to the same restrictions, care should be taken to stipulate that, as regards any lot or lots which shall not be sold, the vendor shall not stand in the purchaser's place so as to be bound by the covenants (u). According to the present law, on a sale of any property in lots, a purchaser of two or more lots held wholly or partly under the same title has no right to more than one abstract of the common title, except at his own expense (x); so it is unnecessary to make any special stipulation to this effect (y). A form of conditions of sale by auction of freehold and leasehold land in lots, giving examples of all the stipulations discussed above (a), and containing special conditions as to the vendor's title, is given in the Appendix (a).