Example...
Letting In an example, a property that was let was burnt down. A Judge held the tenant liable to pay the rent but the supposed hardship of the case was that a man should pay rent for what he cannot enjoy, and that means that he cannot live there anymore. He was further angered by being ordered to pay rent for a house he could not stay at and although he wasn’t excused by law, he had good ground for an injunction, until the house was re-built.
Judges observe, that the reason of the difference between this case and that of the purchase of part of the lands out of which a rent service issues is, because in the case of a rent charge, there is no connection of tenure between the landlord and tenant, as there is in the case of a rent service.
If the tenant of a rented property purchases part of the land, and the landlord, by his deed, acknowledges the said purchase of part of the land, he may grant the rent to be stopped for that part of the land, this amount to a new letting agreement. If a landlord has to pay rent and has three acres of land, and then releases all his rights to one acre of the property then the rent is void because all issues out of every part of the land cannot be correctly portioned. If a landlord has a rent, he may release to the tenant of the land and reserve part of the rent for himself as the grantee deals only with that which is his own, namely, the rent, and not with the land.
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