Stamps.

(q) Above, pp. 131 sq. (r) Above, pp. 45, 136. (s) Above, p. 132.

(t) See the chapter on the Death Duties in the second volume. (u) Above, p. 143.

Besides the requisitions, properly so called, demanding the production of some particular piece of evidence to complete the title, it is generally desirable for the purchaser's advisers to make certain inquiries of the vendor respecting the property sold (y). Thus if an estate be sold under the usual condition that it is sold subject to all subsisting chief rents, easements, tenancies and tenants' claims, whether mentioned in the particulars of sale or not (2), inquiry should be made of the vendor whether there are any such rents, easements, tenancies or claims. This is a very pertinent question; for if it be omitted, the purchaser will have notice of any rights which he might have discovered by the inquiry (a); and, as we have seen, it is held that this general condition does not enable the vendor to enforce the contract specifically, if the property be subject to any rents, easements, tenancies or claims, which are serious incumbrances and were known to the vendor but omitted from the particulars(b). And in every case it should be asked whether the property sold is subject to any easement or other right (c), or to any rentcharge, or to any quit-rent or other incident of tenure ((d), and what outgoings there are in respect of the property sold. Land tax and tithe rentcharge, being general liabilities to which all lands are regularly subject, need not be expressly mentioned on a contract to sell land; it is understood that the purchaser will take subject to these liabilities, which are not regarded as incumbrances (e). And it is of course unnecessary to mention that the purchaser will have to pay the usual local rates, or property tax. If there be no other outgoings than these, the purchaser has no cause for objection: but the existence of rents or rentcharges (other than tithe rentcharge) not disclosed by the contract is a different matter. Quit rents, being incidents of tenure, are regarded in equity as a proper subject for compensation, not as a ground for resisting specific performance; and so are rentcharges of trifling amount (f). But the existence of a rentcharge of substantial amount is an objection to the title (g); as is the existence of a considerable ground rent not mentioned in the particulars on the sale of houses held for a long term of years (k). Another inquiry useful to be made is whether the property sold is subject to any drainage or land improvement or other statutory charge. Drainage and land improvement charges of course principally affect agricultural land: but it must be remembered that land once occupied for cultivation is often built over, and that such charges may subsist after the agricultural aspect of the property has quite disappeared. And rentcharges may now be created under the Improvement of Land Act, 1864, and its amending Acts (i) for a very wide range of improvements, not exclusively affecting agricultural land. Agricultural land may also be liable to charges created under the Agricultural Holdings Act, 1883 or 1908 (k). In the case of town property or building land, charges may arise under Local Management or Improvement Acts, the Public Health Act, 1875 (l), or the Private Street Works Act, 1892 (m), for the expenses of paving, sewering, or lighting the adjoining streets or for other works ordered to be done by the proper authority (n). House property in London may be affected by a party wall notice under the London Building Act, 1894 (o); or the owner thereof may incur liability owing to a "dangerous structure" notice and an order consequent thereon under the same Act and the London Building Art, 1898 (p), or through being required to abate a nuisance under the Public Health (London) Act, 1891 (q). And similar liability may be incurred elsewhere under the Public Health Act, 1875 (r). In all these cases, therefore, inquiry should be made whether any demand has been made, notice given, resolution passed, or order made, which may subject the property sold or its owner to any such charge or liability (s). Such charges or liabilities, if attaching on the property sold or becoming payable before the time for completion, come under the head of outgoings which the vendor ought to discharge (t). And with regard to charges, generally, the rule of course applies that the purchaser is entitled to have the property sold free from all incumbrances, except those, if any, subject to which he agreed to buy (u). It is also useful to ask, on buying a house not detached, if the walls are party walls, and as to any suburban property, if any adjoining street or road has been taken over by the local authority.

Inquiries respecting the property sold.

(x) Above, p. 130.

(y) See Appendix (C), below, for a form of the inquiries which may usefully be made as supplemental to the requisitions on title. (z) Above, p. 73. (a) Re Alms Corn Charity, 1901, 2 Ch. 750.

(b) Heywood v. Mallalieu, 25

Ch. D. 357; Nottingham Patent Brick and Tile Co. v. Butler, 16 Q. B. D. 778; above, p. 73, n. (t).

(c) See Pemsel v. Tucker, 1907, 2 Ch. 191; above, p. 167, n. (r).

(d) Onerous incidents, such as heriots, are sometimes attached to the tenure of freeholds; see Copestake v. Hoper, 1907, 1 Ch. 366, reversed, 1908, 2 Ch. 10; Wms. Real Prop. 58, and n. (u), 478, n. (i), 21st ed.

(e) Sug. V. & P. 322; 1 Dart, V. & P. 352, 5th ed.; 398, 399. 6th ed.: 393, 394, 7th ed. If land be sold tree of land tax or tithe rentcharge, the case is of course different; as the vendor must then prove that the land is, as alleged, free from such liability: see ibid.

(f) Esdaile v. Stephenson, 1 S. & S. 122; Sug. V. & P. 312; 2 Dart, V. & P. 1078, 5th ed.; 1205, 6th ed.; 1093, 7th ed.; see above, p. 43.

(g) Portman v. Mill, 1 Russ. & My. 696; Re Great Northern Rail. Co. and Sanderson, 25 Ch. D. 788; Sug. V. & P. 313; above, p. 167.