(A) Bug. V. & P. 372; 1 Dart, V. & P. 289, 6th ed. Enfranchisement under the Copyhold Acts, Mi, 1852, or 1894, makes the land freehold, irrespectively of the validity of the Lord's title: which is therefore immaterial and cannot be inquired into on a sale of the land after such enfranchisement; see Stat. 4 & 5 Vict.

64; Kerr v. Pawson Beav. 394; 1 Dart, V. & P. 16G, . 5th ed.; 189, 330, 6th ed.; 183, 326, 7th ed.; Stat. 57 8 Vict. o. 46, ss. 21, 26 (3), (4), 38, 61.

(c) 1 Day. Prec. Conv. 531, 623, n. (y), 4th ed.; 1 Dart, V. & P. 166-68, 5th ed.; Wms. Real Prop. 452, 13th ed.

Enfranchisement under the Copyhold Acts.

7 (2)

The present law therefore is this: - The vendor is bound to show a good title, that is, he must prove that he has the right to convey what he sold. In some exceptional cases he may he able to offer summary and complete proof of this, as where a title, good against all the world, is vested in him by Act of Parliament (d). But, as a rule, he will have no alternative but to give evidence of the ownership of himself and his predecessors for a certain time back. This time, in the absence of special stipulation, must be not less than forty years, but this general rule is modified by the considerations and enactments already stated (e). A purchaser under an open contract is therefore entitled to call for the title mentioned below in the following cases of sale: 1. Of freeholds of inheritance or for lives, or copyholds, title for forty years next before the contract (f). In the case of freeholds for lives, the lease for the lives must be produced, though more than forty years old.

2. Of freeholds, formerly copyhold but enfranchised within forty years of the sale, the freehold title back to and including the enfranchisement, and beyond that the copyhold title back to forty years before the contract (g), but not the title to make the enfranchisement (h).

3. Of leaseholds for years, production of the lease under which the property is held in all cases; and, if the lease be more than forty years old, the title under the lease for the forty years next before the contract, otherwise the whole title subsequent to the lease: but not in any case the title to the freehold, nor, in the case of the sale of property held by underlease (i), the title to any leasehold reversion (k). Here we may remark that the same law applies on a contract to grant a lease for years (/), the intended lessee being precluded, in the absence of stipulation to the contrary, by the Vendor and Purchaser Act, 1874 (m), from calling for the title to the freehold, and by the Conveyancing Act of 1881 (n) from calling for the title to any leasehold reversion to the intending lessor's interest. But on a contract to grant an underlease, the intending lessor still remains liable to produce the lease under which he holds, and to show the subsequent title thereunder, if it be less than forty years old, otherwise the last forty years' title thereunder.

The present law.

1. Freeholds or copyholds.

2. Enfranchised copyholds.

3. Leaseholds for years.

(d) This might be by special Act of Parliament, and appears to be the case with persons registered as owners with an indefeasible title under the Land Registry Act, 1862 (Stat. 25 & 26 Vict. c. 52, s. 20), or with an absolute title under the Land Transfer Act, 1875 (Stat. 38 & 39 Vict. c. 87, s. 7); see 1 Dart, V. & P. 305, 306, 5th ed.; 347, 6th ed.; 342, 7th ed.; Land Transfer Act, 1897 (Stat. 60 & 61 Vict. c. 65, s. 16); below, Chap. XX.

(e) Ante, pp. 95 - 99.

(f) Ante, pp. 95, 98.

(g) Sug. V. & P. 372; 1 Dart, V. & P. 289, 5th ed.

(h) Ante, p. 99, and n. (b).

4. Of an advowson, title for at least one hundred years before the contract (o).

5. Of tithes or other property held under a grant from the Crown, production of the original grant in all cases, and title thereunder for the forty years next before the contract (p).

6. Of a reversionary interest, production of the instrument which created it, in all cases; and in addition proof that possession of the land has been in accordance with the instrument so produced (q). If the reversionary interest were created less than forty years before the contract, of course the whole title subsequent to its creation must be shown. In other cases it would appear to depend on the nature of the interest sold what title ought to be shown subsequently to its creation. If the property sold were a reversion or remainder to which any rent is incident, then the purchaser could call for production of the last forty years' title, but not the intermediate title. For in such a case there is a perception of tangible profits by receipt of rent, and this affords evidence of title as against not only the rent-payer but others as well. If however what was sold were a bare right, the apparent devolution thereof to particular persons for the last forty years can raise no presumption of the establishment of a right superior to the claims of others. In this case therefore there seems to be no good reason for putting any time-limit to the required proof that the vendor has the right to convey what he sold; and it is thought that the whole title, from the creation of the reversionary interest to the contract for sale, can be called for.

Contract to grant a lease for years.

Contract to grant an underlease.

4. Advowson.

5. Tithes, or property held by Crown grant.

5. Reversionary interest.

(i) Ante, pp. 97, 99. Here it may be noted that, on the Bale of a term granted by an underlease, the property must be described as held by underlease. For if property sold be described as held by lease, that is intended to mean a lease from the freeholder, bo that if the vendor be p only of a term granted by under-lease, he is not in a position to fulfil the contract; Re Beyfus and Masters's Contract, 39 Ch.D. 110; see above, p. SO.