inserted in the lease, and unless it does describe the premises with reasonable certainty it is void. The description, however, need not specify all the particulars of the subject matter, for accessories will ordinarily accompany the principal thing. For instance, a general description of a farm will include the land and the buildings, fences and rights of way appertaining to it, unless specifically reserved. A lease of a store will include the land under it, and to the middle of a private way in the rear, the fee of which is in the lessor. By the lease of a building, everything that belongs to it or used with it, and which is reasonably essential to its intended enjoyment, passes as incident to the principal thing and as a part of it, unless especially reserved. It also conveys the land under the eaves and projections, if such land is owned by the lessor. "Appurtenances" in a lease include only such things as belong to the realty, and does not include personal property. A lease of apartments, or one of several buildings on a lot, will carry only such portions of the land as will be necessary to their enjoyment. If a description in a lease is qualified by the term "more or less," these words will be confined to a reasonable difference, only, of quantity. 9. Signature to lease.-One of the essentials to a complete lease is the signature of the parties thereto, or such a recognition as would in law amount to a signature. Until some such act or thing is done it is no lease. While it is better that the signature be in ink, yet if written with a lead pencil it will be good. The name of a party may be written by another, if done in his or her presence and by consent of that party. Acknowledgment before a Notary or other official is not necessary unless it is desired to have the lease recorded. 10. Sealing the Lease.-In some States the statutes require all leases to be by deed, or under seal, while in some others only leases running for a certain number of years are required to be under seal, and in some others no seal is required at all. 11. Delivery of and Acceptance.-A lease takes effect from its delivery to the lessee or to a party authorized by him to receive it. To constitute a delivery it is necessary that the grantor should put himself in such a position in reference to it that he cannot recall it, and that must be done after all the legal formalities attending the execution have been complied with. In order to charge a party to it, or to enforce its covenants against him, he must accept the lease. His acceptance may often be inferred from his entering into possession of the premises, or in any way accepting the benefits accruing thereunder. 12. Recording Leases.-The general rule as to recording leases may be stated to be, that one for a term exceeding that which under the statute may be granted by parol must be acknowledged or proved and recorded in the county, and in some States in the town, where the premises are situate, otherwise it is inoperative except as against the grantor and those who have actual notice of its existence. In some States leases are not required to be recorded, while in others recording is necessary. As between lessor and the lessee it will be binding, in the absence of a statute to the contrary, whether recorded or not. 13. Possession.-Possession is the detention or enjoyment of a thing which one holds or exercises by himself or by another who keeps or exercises it in his name, and the enjoyment is necessarily exclusive. A lessor must have possession of the property he undertakes to lease at the time of making the lease, so that he can deliver the same to the lessee at the beginning of the term. A written contract whereby a party agrees to give a lessee a lease must be accompanied by actual possession of the leased premises, or it is not a lease. 14. Statutory provisions.-As to statutory provisions regulating the execution, delivery and recording of leases, see Part II, hereof. |