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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 119

Where part only of lands under lease taken, the rent to be apportioned.

119. If any lands shall be comprised in a lease for a term of years unexpired,
part only of which lands shall be required for the purposes of the special
Act, the rent payable in respect of the lands comprised in such lease shall be
apportioned between the lands so required and the residue of such lands; and
such apportionment may be settled by agreement between the lessor and lessee
of such lands on the one part, and the promoters of the undertaking on the
other part, and if such apportionment be not so settled by agreement between
the parties such apportionment shall be settled by two justices; and after
such apportionment the lessee of such lands shall, as to all future accruing
rent, be liable only to so much of the rent as shall be so apportioned in
respect of the lands not required for the purposes of the special Act; and as
to the lands not so required, and as against the lessee, the lessor shall have
all the same rights and remedies for the recovery of such portion of rent as
previously to such apportionment he had for the recovery of the whole rent
reserved by such lease; and all the covenants, conditions, and agreements of
such lease, except as to the amount of rent to be paid, shall remain in force
with regard to that part of the land which shall not be required for the
purposes of the special Act, in the same manner as they would have done in
case such part only of the land had been included in the lease.

© 1845 Crown Copyright

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