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Lessee or under-lessee may require exceptions, &c., interfering with cultivation to be commuted for an increased rent. 3. Where any subsisting exception or reservation contained in the lease or under-lease in perpetuity by the owner of which a grant is required as aforesaid, or any right under covenant or otherwise annexed or belonging to the reversion or estate from the owner of which a grant is required, interferes with the proper cultivation of the lands comprised in such lease or under-lease, the owner of such lease or under-lease requiring such grant as aforesaid may (if he think fit) require that such exception, reservation, or right should cease, wholly or partially, and in such case the grant shall be modified accordingly, and the fee-farm rent to be made payable by such grant shall be increased by such an amount as is equivalent to the value of such exception, reservation, or right, in so far as it is made to cease as aforesaid, such amount to be ascertained in manner herein-after mentioned, in case the parties differ about the same.
© 1849 Crown Copyright
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