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RENEWABLE LEASEHOLD CONVERSION ACT 1849 - SECT 10

Covenants running with the lands.

10. All covenants by law implied on the part of landlord or tenant upon any
lease or under-lease in perpetuity to the owner of which a grant is made under
this Act shall be implied upon such grant, and every covenant for payment of
rent, and every other covenant contained in pursuance of this Act in any such
grant as aforesaid, in substitution for a like covenant in the lease or
under-lease to the owner of which such grant is made, where such
last-mentioned covenant is of such a nature as that the burden thereof doth by
law run with the land, and bind the assignee of such lease or under-lease, and
every covenant implied under this Act, upon any such grant, where the burden
of the implied covenant for which the same is in substitution was upon the
owner of such lease or under-lease, shall run with the estate in fee simple
into which the estate held under such lease or under-lease is converted under
this Act, and the owner or assignee for the time being of such estate in fee
simple shall be chargeable upon such covenants in the same manner and to the
same extent as if he were owner or assignee of the term or interest created by
such lease or under-lease, and such term or interest, and the estate out of
which such lease or under-lease was derived, were still subsisting, and the
benefit of such covenants shall run with the estate into which such estate is
converted under this Act, and the owner or assignee for the time being of the
estate created by such conversion shall have the full benefit of such
covenants, and be entitled to maintain actions thereon; and every covenant
contained in pursuance of this Act in any such grant as aforesaid, in
substitution for a like covenant in such lease or under-lease as aforesaid,
where such last-mentioned covenant is of such a nature as that the burden
thereof doth by law run with the estate out of which such lease or under-lease
was derived, or bind the assignee of such estate, and every covenant implied
under this Act upon any such grant, where the burden of the implied covenant
for which the same is in substitution was upon the owner of the estate out of
which such lease or under-lease was derived, shall run with the estate into
which such estate is converted under this Act; and the owner or assignee for
the time being of the estate created by such conversion shall be chargeable
upon such covenants in the same manner and to the same extent as if he were
owner or assignee of such estate so converted, and such estate and lease or
under-lease were still subsisting, and the benefit of such covenants shall run
with the estate in fee simple into which the estate held under such lease or
under-lease is converted under this Act, and the owner or assignee for the
time being of such estate in fee simple shall have the full benefit of such
covenants, and be entitled to maintain actions thereon.

© 1849 Crown Copyright

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