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knowledge of the transaction. It will not be recorded unless acknowledged. If a grantor either accidentally or wrongfully conveys the same real estate to two different persons, the one who first records his deed will take title to the property in the absence of fraud on his part, no matter who first received his deed. In some States, however, there is fixed by statute a limited time within which the deed of earlier date prevails. The recorder generally notes on the deed, the year, month, day, and minute, that the deed was received; this is done at the time the deed is handed to the recorder. In many cases where convenient, the deed is signed, the money paid, the deed delivered and at once recorded, all these transactions occurring in the recorder's office; the money is not paid until a final inquiry is made at the desk whether any deed or other paper affecting that property has recently been recorded. This represents good practice. In some States a deed recorded need not be otherwise proved, but this is not the case in most States; deeds more than thirty years old are ancient documents and do not require direct proof.

TITLE

Search of Title. Before a conveyance of real estate is accepted, that is commonly before the deed is made, and more certainly before the money is paid over, a careful search of the title should be made to see that a continuous line of title exists from some very early date until the time of the conveyance. This proceeding consists of two important parts. First, to see that the chain of title is complete; for instance, with lands granted by the United States Government, that the patent from the United States to A and subsequent deeds from A to B, B to C, C to D, etc., form an unbroken chain from the beginning to the party about to convey the land. There must be no deeds of this land from any of these to parties outside the chain. In many of the older settlements, the chain is carried back, not to the beginning, which may not be possible, but only to a point which seems safe. Second, to see that the various conveyances are in proper form and sufficient, so that the chain of titles does in fact, as well as in appearance, convey a good title.

Title Abstract Companies. In many of the Western States the title can be traced back to the grant from the Government of the United States, and there are "title abstract companies" which have compiled records which show every transaction touching every particular piece of land in a county. In a fashion, it is a special form of index, where for each piece of property a list is made of all the deeds which have passed touching that particular piece of land.

Title Insurance Companies Conveyancers. In Eastern cities there are "title insurance companies," and firms of lawyers who announce them

selves as "conveyancers," and who make a special business of examining titles and reporting on them. In these older parts of the country, it is not always possible to go back to the original grant, but conveyancers go back far enough to satisfy themselves that there is no difficulty beyond the point from which they start. The conveyancer in the East not only looks up the chain of title from party to party, but he also passes upon the question whether each deed is satisfactory and does in fact properly convey what it purports to convey.

Scope of Abstract of Title. The abstract of title obtained in one of the Western States is simply a list of deeds touching that property, and the services of a competent lawyer are needed to make sure that those deeds are properly drawn, and do in fact constitute a complete chain of conveyances; that the deeds are adequate, and do properly convey title of the land.

Mortgages, Taxes, Judgments. Besides deeds proper, it is necessary to look for mortgages, taxes, assessments for sewers, betterments, wills, contracts to convey, judgments of the court, attachments in the case of suits started, and whatever else may tend to constitute an encumbrance, or impair the title of the estate. All such work should be done, however, by a competent lawyer, familiar with this class of work, unless an engineer has acquired an adequate experience under a lawyer, so that he is capable of looking up such matters himself.

Land Courts. In several of the States, Land Courts have been established for perfecting or "quieting " title, following the so-called "Torrens " system of Australia; the name used may vary in different States. Provision for this is made by statute whose express directions must be strictly followed. Application is made to this Land Court, which notifies all parties thought to have an interest in this land or its boundaries; an examiner of the court makes a thorough search of the title; a hearing is had, and the title confirmed if everything seems all right. The title is then secure to the party making the application. Occasionally, but rarely, some party having a valid interest appears later and succeeds in proving his claim. This claimant is nevertheless denied possession or title to the land, but is paid damages by the State from funds derived from fees paid by the reputed owners of land as part of the requirements for securing the confirmation of title by the Land Court. For a single conveyance of land, the process is somewhat expensive. Later conveyances are much less expensive. It seems probable that the Land Court will steadily grow in favor.

LEASE

Lease. What is sometimes called an "estate for years" is better known as a "lease," and in this is involved the law of "landlord and tenant." A lease need not be for as much as a year, it may be for a determinate

number of days or months. It must be for a certain term, although it may be possible that circumstances will effect an earlier termination; an instance is a lease for ten years if the tenant shall live so long. The tenant does not acquire an "estate" in the land until he has made entry upon it; he is, however, entitled to possession.

Statute of Frauds. It being an "estate" when acquired, a clear interest in land, a writing is necessary under the Statute of Frauds. If the lease is signed by an agent, it is essential in some States that his authority to sign shall be in writing, but not in all States; it is important in any case to know the law in any State. Sometimes there is a question whether a writing is really a lease or only an agreement to lease. The writing made by any engineer should make this clear.

Rent. The provisions for payment of rent should be clear; the period, whether monthly, quarterly, or yearly, should be specified; if payment in advance, or payment on demand, is not specified, the tenant must pay rent before sunset on the last day of the month or other specified period. A failure to do so might lead to forfeiture, but most landlords are accustomed to allow some days of grace, and the lease (a contract) would hardly be forfeited unless payment of rent was first demanded, or unless the rent remained unpaid for a full month or other full period. Landlords or their agents often ask the tenant to sign iron-clad agreements favorable to the landlord. The tenant should read any lease before signing it.

Tenant Can Not Dispute Title. The law does not allow a tenant to dispute the title of his landlord while he is a tenant. If a man has a good title to a piece of land, it is wiser for him to avoid being a tenant of another who makes any claim to it.

Tenancy without Lease. In many cases a tenant holds real estate without a lease, paying rent every week, or month, or quarter, or perhaps year. Under such circumstances, either landlord or tenant may terminate the tenancy upon notice equal to a full rent period and terminating at the end of such regular rent period. In some States, a tenancy for a year or series of years needs only a half year's notice, and in some localities there are local customs fixing the amount of notice, for example, at two weeks when the rent is payable monthly. Unless otherwise provided, a lease is assignable.

Buildings and Improvements. In general, whatever of buildings or improvements stands upon the lands and whatever grows upon the lands, belong to the landlord; but under a lease, the tenant is entitled to the crops of annual planting or requiring special annual care if planted by the tenant, even if the lease be fortuitously terminated before the full term; but the grass, or clover, or annual fruits, would not go to the tenant unless his term covered the harvest time. The same question is involved

in selling lands or the crops on them. If the full term of the lease expires before harvest time, the crops do not belong to the tenant; he foresaw the result when he planted. Nursery trees and shrubs raised for sale belong to the tenant on the same basis as for other crops.

Death of Tenant. In case the lease is terminated by the tenant's death, crops ripe and ready for harvest go to the personal representatives of the decedent; they go to the executor rather than to the heirs, and he is entitled to reasonable time to remove them; this is true also of a purchaser of such crops sold standing. If already cut, crops are entirely severed from the real property and are personal property. Manure on the land is held to be part of the real estate.

Engineer's Knowledge of Rights of Parties. The engineer may need to purchase or to pay for crops or materials and should have some knowledge as to ownership. He may also for some reason (or his contractor may) encroach upon lands, and he should have some knowledge as to whose rights he has violated, or who has suffered damages. In this connection, it may be stated that not only are growing crops sold standing, but trees are also sometimes sold standing by the landlord, and may thus become the personal property of the purchaser.

Trespass. It has been stated in the chapter on torts that a trespass is against the person in possession, the tenant if there be one. In the case of trespass on leased land, if trees belonging to the landlord are cut or damaged by a person other than the tenant, the landlord has not the right to enter upon the land to prevent the damage. He has a remedy of another sort, but through a suit where a lawyer is necessary.

Clearing or Improving Property. Trees are a part of the land, and the tenant may not remove or use them except for fuel, fences, and certain other improvements; even this would be allowable only where trees were reasonably abundant and the term of the lease not unduly short. Under some circumstances lands may be cleared by the tenant. Tenants in some cases have been held justified in opening gravel or clay pits, when in the locality it was customary to improve the property in that way; but the sale of clay or gravel by the tenant for pure gain would not be allowable even if the property were improved thereby. Under some circumstances buildings even may be removed, but this should never be done except under a lawyer's advice; the rule is that they belong to the landlord.

Fixtures. The question of fixtures is also an important one, and affects not only landlord and tenant, seller and purchaser, but also the executor of an estate and the heirs who inherit the real estate. In dealing with these various parties engineers necessarily have an interest in any transactions necessarily had with them, as well as when the engineers or their clients are directly parties.

Apparatus. In the case of a mill, the engines and other apparatus peculiar to the business go as part of the realty; but a steam engine equally available for any mill or manufactory has been held to be personal property. In a case of this sort where the interests are large, whether a sale or lease is involved, the terms of the sale or lease should be made explicit and the services of a lawyer should be secured.

Specific Agreements. In the case of a long lease, provision may be specifically made that the tenant may erect certain buildings with the privilege of removing at the end of the lease; in certain cases, a building constructed altogether above ground and readily removable has been held to be the personal property of the tenant who erected it, but this is somewhat abnormal.

Minor Fixtures. In the case of minor fixtures, the general rule seems to be that, between landlord and tenant, anything provided by the tenant remains his if easily removed without injury to the building; if its removal will injure the building, it is a part of the realty. In this way fixtures applied by screws might be considered personal property, while similar fixtures attached by nails would be realty. Gas fixtures seem to be personal property. It is often possible in a sale or lease to agree, in writing, upon matters otherwise liable to result in disagreement.

TENANTS IN COMMON

Tenants in Common. The case of tenants in common deserves consideration. This is not a case of landlord and tenant; for instance, where two or more tenants occupy separate parts of a house or office or farm. The case of tenants in common occurs when two or more parties by inheritance, perhaps, have each an interest or estate in lands, interests which are not separable, so that the tenants hold in common. A simple case is where two persons inherit together a piece of land by descent or by will. Neither can then convey any specific part of the lands; it requires the action of both; but either may convey his undivided interest. The tenancy in common may be terminated by conveyances portioning the lands, or partition may be forced through legal process. Ordinarily, tenants in common will hold equal estates, but by will or conveyance one may acquire an estate in fee simple, the other a life estate; and other cases may occur.

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Definition. An easement

EASEMENTS

has been defined as the right which the public or an individual has in the lands of another, not inconsistent with the property of the latter. When a man has the right to have surface water flow over his lands, or upon the lands of another, or to have a brook flow

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